Ian Eppler  //  3/16/18  //  Daily Update


The ACLU and Human Rights First filed a class action lawsuit in the District Court for the District of Columbia, challenging indefinite detention of asylum seekers. The Trump Administration’s failure to convene multiple committees on disability issues raises concerns for lawmakers and the disabilities community. Many of President Trump’s executive and judicial appointees have connections to the Bush administration torture program and practices. The Special Counsel has subpoenaed documents from the Trump Organization regarding its business dealings in Russia, marking the first public indication that the investigation is expanding to President Trump’s businesses.

 

IMMIGRATION

The ACLU and Human Rights First filed a class action lawsuit in the District Court for the District of Columbia, challenging indefinite detention of asylum seekers (Just Security).

 

CIVIL RIGHTS

The Trump Administration’s failure to convene multiple committees on disability issues raises concerns for lawmakers and the disabilities community (Disability Scoop).

President Trump’s proposed strict work requirements for welfare recipients, and other overhauls to the welfare system, may have stalled indefinitely (NYT).

The Department of Health and Human Services confirmed its on-going support for Scott Lloyd, the HHS official who blocked abortion access for undocumented minors in U.S. custody (The Hill).

 

DEMOCRACY

Recent changes to the tax code increase the appeal of supporting 501(c)(4) organizations, which may engage in unlimited political lobbying, potentially with election impact, writes Ellen Aprill at The Hill.

A new report reviews the rules governing political funding and finds few checks on post-election spending by nonprofits that coordinate with elected officials (Brennan Center).

 

JUSTICE & SAFETY           

Many of President Trump’s executive and judicial appointees have connections to the Bush administration torture program and practices (Just Security).

  • Sen. Diane Feinstein called for the Trump Administration to release CIA records related to Gina Haspel’s involvement in the torture program (The Hill).

Lt. Gen. Paul Nakasone’s long career in the intelligence community informs his popularity as nominee for NSA Director (The Hill).

  • Thursday’s second confirmation hearing suggests that confirmation is imminent (The Hill).

Head of U.S. Pacific Command confirmed in Senate testimony that there is no “bloody nose” strategy for a preventive strike against North Korea (Reuters).

Defense Secretary James Mattis argued in a letter to Senate Majority Leader Mitch McConnell that a bill ending American support for Saudi Arabia in its conflict with Yemen would harm U.S. interests (WSJ, The Hill).

The nomination of Mike Pompeo to replace Rex Tillerson as Secretary of State could signal the administration’s renewed desire to end the nuclear deal with Iran (WaPo).

The United States acknowledged its role in a December firefight with ISIS militants in a report released Wednesday (NYT).

A new White House plan to combat the opioid crisis calls for the death penalty for certain drug dealers (The Hill, Politico).

The State Department condemned Iran’s treatment of news media (The Hill).

 

CONFLICTS OF INTEREST                       

The Trump Organization’s donation of profits from foreign governments does not resolve President Trump’s Emoluments Clause problems, suggests Brianne Gorod at Take Care.

House Democrats accused Republicans on the House Oversight Committee of blocking subpoenas related to Jared Kushner’s conflicts of interest (Reuters).

 

REGULATION

President Trump repeated false assertions regarding a United States trade deficit with Canada, after privately telling Republican donors that he made similar assertions in a meeting with Prime Minister Justin Trudeau of Canada without knowing whether they were true (NYTimes, WaPo, WSJ).

Food and Drug Administration Commissioner Scott Gottlieb announced that the agency would begin drafting regulations that would cap levels of nicotine in cigarettes at significantly lower levels (Politico, WaPo).

The Federal Election Commission announced plans to revise its disclosure regulations to encompass disclaimers on Internet political advertising (Inside Political Law).

The Trump administration is pushing a proposal to significantly expand California’s Shasta Dam, over the objections of California and a state law prohibiting expansion (LATimes).

 

RULE OF LAW

President Trump’s efforts to fill the judiciary and agencies with loyalists undermine the Hamiltonian conception of checks on the presidency, argues Michael Dorf at Take Care.

A Trump Organization lawyer was involved in litigation surrounding Stormy Daniels’ non-disclosure agreement, raising further questions about whether President Trump and his counsel violated campaign finance law, report Michael Rothfeld and Joe Palazzolo in the Wall Street Journal.

The travel expense scandals involving several Trump administration officials illustrate the need for strict enforcement of government travel regulations, argues Jennifer Ahearn at CREW Blog.

 

RUSSIAN INTERFERENCE                                                           

The Special Counsel has subpoenaed documents from the Trump Organization regarding its business dealings in Russia, marking the first public indication that the investigation is expanding to President Trump’s businesses, report Michael Schmidt and Maggie Haberman in the New York Times.

  • The move crosses President Trump’s “red line,” notes Tim O’Brien at Bloomberg

The Trump administration announced sanctions on several Russian individuals and organizations believed to have been involved in 2016 election interference (NYTimes, WaPo, WSJ).

  • The administration also announced that Russian hackers had targeted U.S. power plants for cyberattacks (NYTimes).

Former Trump campaign manager Paul Manafort filed a motion to dismiss several of the charges in his criminal indictment, claiming they had insufficient connection to the Special Counsel’s assigned duties (LATimes, Politico).

  • The motion is available here.

President Trump’s lawyers are preparing for him to be interviewed by the Special Counsel, reports Darren Samuelsohn in Politico.

The Special Counsel’s apparent failure to interview Donald Trump, Jr. is surprising, contends Phillip Bump in the Washington Post.


Daily Update | May 31, 2019

5/31/19  //  Daily Update

Trump implied in a tweet that Russia did in fact help him get elected—and quickly moved to clarify. Mueller relied on OLC precedent in his comments earlier this week. Nancy Pelosi continues to stone-wall on impeachment.

Kyle Skinner

Harvard Law School

Daily Update | May 30, 2019

5/30/19  //  Daily Update

Special Counsel Robert Mueller delivered a statement regarding the Russia investigation. Mitch McConnell says that Republicans would fill a Supreme Court vacancy in 2020 even if it occurs during the presidential election. A recent decision from AG Barr may deprive asylum seekers from a key protection against prolonged imprisonment. A federal judge has agreed to put the House subpoenas for the President’s banking records on hold while he appeals a ruling refusing to block them.

Hetali Lodaya

Michigan Law School

Daily Update | May 29, 2019

5/29/19  //  Daily Update

The Trump administration will soon intensify its efforts to reverse Obama-era climate change regulations by attacking the science that supports it. The Supreme Court upheld an Indiana law regulating the disposal of fetal remains, effectively punting on a major abortion rights decision. The Court also declined to hear a challenge to a Pennsylvania school district’s policy of allowing students to use the restroom that best aligns with their own gender identity on a case-by-case basis.

Kyle Skinner

Harvard Law School