Hetali Lodaya  //  6/3/19  //  Daily Update


Federal prosecutors have issued subpoenas to Mar-a-Lago and a Trump fundraising committee regarding activity by a Republican Party donor that may have violated campaign finance laws. The Second Circuit has fast-tracked President Trump’s appeal of an order requiring two banks to hand over the president’s financial records under a subpoena from the House. President Trump has announced tariffs on Mexican imports that will grow unless “the illegal migration crisis is alleviated through effective actions taken by Mexico.” The Administration announced a new policy that will require most visa applicants to provide their social media information. A Republican consultant concluded in 2015 that adding a citizenship question to the census would give Republican and white voters more clout, potentially providing new information about the government’s motive in adding the question. 

 

TRUMP: INVESTIGATIONS AND LITIGATION

Federal prosecutors have issued subpoenas to Mar-a-Lago and a Trump fundraising committee regarding activity by a Republican Party donor that may have violated campaign finance laws. (Miami Herald)

We should support the President’s delegation of declassification authority to AG Barr, argues Jack Goldsmith at Lawfare.

The Second Circuit has fast-tracked President Trump’s appeal of an order requiring two banks to hand over the president’s financial records under a subpoena from the House. (The Hill)

 

IMMIGRATION

President Trump has announced tariffs on Mexican imports that will grow unless “the illegal migration crisis is alleviated through effective actions taken by Mexico.” (WSJ)

U.S. District Court Judge Haywood Gilliam blocked an effort by the Trump administration to begin construction on a wall at the southern border. (Al Jazeera)

The Administration announced a new policy that will require most visa applicants to provide their social media information. (The Hill)

Data suggests that the Administration does not prioritize prosecuting employers who employ undocumented workers, instead focusing on arresting and deporting the workers themselves. (NYT)

 

CIVIL RIGHTS

There are multiple issues with Justice Thomas’s concurrence in the Indiana abortion case, writes Michael Dorf at Take Care.

 

DEMOCRACY

A Republican consultant concluded in 2015 that adding a citizenship question to the census would give Republican and white voters more clout, potentially providing new information about the government’s motive in adding the question. (Bloomberg)

  • The new evidence is unlikely to change the votes of the Court’s conservative justices, and may even bolster their position, writes Rick Hasen at Slate.

 

CHECKS & BALANCES 

The House Oversight Committee has accused the administration of obstructing its probe of the administration’s efforts to replace the Department of Education acting Inspector General. (Politico)

 

RUSSIAN INTERFERENCE

Prosecutors have released the transcript of a voicemail from a former Trump lawyer that Michael Flynn says was an attempt to get Flynn to influence his cooperation in the Russia probe. (WaPo)

The Justice Department did not comply with an order to release transcripts of Flynn’s conversations with the Russian Ambassador. (WaPo)

Emmett Flood, the defense lawyer brought into the White House during the Mueller investigation, will leave in June. (WaPo)

 


Daily Update | December 23, 2019

12/23/19  //  Daily Update

Speaker of the House Nancy Pelosi and Senate Majority Leader Mitch McConnell seek to leverage uncertainties in the rules for impeachment to their advantage. White House officials indicated that President Trump threatened to veto a recent spending bill if it included language requiring release of military aid to Ukraine early next year. The DHS OIG said that it found “no misconduct” by department officials in the deaths of two migrant children who died in Border Patrol custody last year. And the FISA court ordered the Justice Department to review all cases that former FBI official Kevin Clinesmith worked on.

Emily Morrow

Harvard Law School

Daily Update | December 20, 2019

12/20/19  //  Daily Update

Speaker Nancy Pelosi indicated the House will be “ready” to move forward with the next steps once the Senate has agreed on ground rules, but the House may withhold from sending the articles to the Senate until after the new year. Commentary continues about the Fifth Circuit's mixed decision on the status of the ACA.

Emily Morrow

Harvard Law School

Daily Update | December 19, 2019

12/19/19  //  Daily Update

The House of Representatives voted to impeach President Trump. Some Democrats urge House leaders to withhold the articles to delay a trial in the Senate. Meanwhile, the Fifth Circuit issues an inconclusive decision about the future of the ACA, and DHS and DOJ proposed a new rulemaking to amend the list of crimes that bar relief for asylum seekers.

Emily Morrow

Harvard Law School