Kate Berry  //  3/23/18  //  Daily Update


The House passed the $1.3 trillion omnibus spending bill on Thursday, which will head to the Senate before Friday’s shutdown deadline. Lt. Gen. H. R. McMaster will resign as National Security Adviser and be replaced by John Bolton. President Trump announced $60 billion of annual tariffs on Chinese imports as partial punishment for alleged unfair business practices, including co-opting American technology. The House Judiciary Committee reportedly will subpoena the Department of Justice to obtain documents related to the FBI’s investigation into Hillary Clinton’s email server. John Dowd, President Trump’s lawyer primarily responsible for responding to special counsel Mueller’s investigation, resigned on Thursday.

 

IMMIGRATION

The omnibus budget bill passed by the House on Thursday includes several provisions relevant to immigration agencies (crImmigration).

  • The bill does not address the status of Dreamers (Politico).

 

CIVIL RIGHTS 

The omnibus spending bill passed by the House on Thursday does not include a repeal of the Johnson Amendment, which prevents 501(c)(3) organizations from endorsing or opposing political candidates (Religion Clause).

Citigroup announced new policies to restrict access to guns by some of its consumers, including barring the purchase of guns by those under 21 or who have not passed a background check (NYT).

The omnibus spending bill includes an amendment to the Stored Communications Act, called the Cloud Act, that would moot the issue in United States v. Microsoft, currently before the Supreme Court (Reuters).

Many Republicans are against President Trump’s proposal of the death penalty for certain drug dealers (WaPo).

 

DEMOCRACY 

The winner-take-all method used by states to select presidential electors may be legally vulnerable under the 14th Amendment and Voting Rights Act (Verdict).

The omnibus spending bill includes $380 million for election security (Election Academy).

  • States are already expressing support for the provision (The Hill).

The denial of voting rights to certain groups of Americans violates international lawargues an amicus brief filed with the Inter-American Commission on Human Rights.

A revised version of a bill for election cyber protections was introduced on Thursday (The Hill).

House Energy and Commerce Committee members called for Facebook CEO Mark Zuckerberg to testify regarding the Cambridge Analytica controversy (The Hill).

 

JUSTICE & SAFETY            

President Trump announced $60 billion of annual tariffs on Chinese imports as partial punishment for alleged unfair business practices, including co-opting American technology (WSJNYTWaPoPolitico).

  • China promised to respond in-kind (WSJ).
  • News of the new tariffs resulted in a downturn in the stock market (NYTWSJWaPoLA Times).
  • The tariffs could strain Xi Jinping’s power (NYT).
  • The collateral damage could be significant, argues Daniel Ikenson at Cato at Liberty

Certain allies, including the European Union, are exempted from the aluminum and steel tariffs, set to go into effect on Friday (NYTWSJPoliticoThe Hill).

Lt. Gen. H. R. McMaster will resign as National Security Adviser and be replaced by John Bolton (NYTWaPoWSJ).

Defense Secretary Jim Mattis urged Saudi Crown Prince Mohammad bin Salman to find a political solution to the war in Yemen (ReutersThe Hill).

  • Meanwhile, the State Department announced $1 billion in weapons sales to Saudi Arabia (The Hill).

The U.S. military needs a better system for ex ante estimates of civilian casualtiesargue Larry Lewis and Ryan Goodman at Just Security.   

Rex Tillerson officially departed the State Department, referring to Washington, DC as a “mean-spirited town” and encouraging staff to be kind to each other (WaPo).

  • “Don’t be like Trump” was the takeaway, according to Aaron Blake at The Washington Post.

The CIA provided some background into nominee Gina Haspel’s life (WSJ).

The House Judiciary Committee reportedly will subpoena the Department of Justice to obtain documents related to the FBI’s investigation into Hillary Clinton’s email server (The Hill).

 

RULE OF LAW         

President Trump seems to believe that public officials serve him, rather than the general publicargues Ian Bassin at The Washington Post.             

Summer Zervos’s defamation lawsuit against President Trump illustrates that no one is above the lawwrites Justin Florence at Time.

 

REGULATION

A tentative agenda was released for the FTC and FCC’s March 23 joint policy forum (Consumer Finance Monitor).

The CFPB released its seventh annual Fair Debt Collection Practices Act report, which does not provide insight into the CFPB’s rulemaking plans (Consumer Finance Monitor).

AT&T and the Department of Justice faced off in federal court over the impact to consumers of the proposed AT&T-Time Warner merger (WSJThe Hill).

 

CHECKS & BALANCES

The House passed the $1.3 trillion omnibus spending bill on Thursday, which will head to the Senate before Friday’s shutdown deadline (LA TimesNYTWaPoWSJPolitico).

  • Breakdowns of the bill’s contents available herehere, and here.
  • An initial vote in the Senate is scheduled for 1am Saturday (The Hill). 

Senate Republicans have proposed limiting debate time on President Trump’s nominees, a move which would increase the pace at which nominees are approved (The Hill).

 

REMOVAL FROM OFFICE

The alleged “hush money” payments to silence claims of affairs with President Trump may present the greatest legal threats to him (American Prospect).

 

RUSSIAN INTERFERENCE

President Trump told White House reporters that he would like to testify before special counsel Robert Mueller (The Hill).                                                            

John Dowd, President Trump’s lawyer primarily responsible for responding to special counsel Mueller’s investigation, resigned on Thursday (NYTWSJWaPoLA TimesPolitico).

  • The resignation may indicate further weakening of President Trump’s legal team (WaPo).
  • An exploration of the resignation consequences for Mueller’s investigation here.

The House Intelligence Committee released findings and recommendations from its investigation into Russian interference in the 2016 election (LawfareWSJ).

  • The study finds no collusion between Russia and President Trump and recommends close attention to leaks (Politico).

 


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