Daily Update | March 25, 2019
Karen Kadish // 3/25/19 //
The report of Special Counsel Robert Mueller was released to Attorney General William Barr this weekend. Mr. Barr’s summary of the report asserts that the Special Counsel’s report concludes that President Trump did not conspire or coordinate with Russia to interfere with the 2016 election, but that it is inconclusive on the question of obstruction of justice. President Trump’s campaign for the 2020 general election has paid over $1.3 million to private Trump businesses through rent, food, lodging, and other expenses. President Trump signed an executive order to encourage universities to promote and protect free speech, particularly focusing his remarks on the suppression of conservative students’ views, and additionally promoting transparency regarding the cost of college and student borrowing. President Trump’s recognition of the Golan Heights as part of Israel’s sovereign territory contravenes decades of U.S. policy, has lead to largely negative international responses, and appears at least partially political in nature.
TRUMP: INVESTIGATION AND LITIGATION
The report of Special Counsel Robert Mueller was released to Attorney General William Barr this weekend.
- Mr. Barr sent a letter summarizing the report’s conclusions to the leadership of the House and Senate Committees on the Judiciary (Available here).
- Mr. Barr’s summary of the report asserts that the Special Counsel’s report concludes that President Trump did not conspire or coordinate with Russia to interfere with the 2016 election, but that it is inconclusive on the question of obstruction of justice (WSJ; NYT; WaPo).
- Democrats in Congress may decide to continue to investigate the President (WaPo).
- Analysts have written about what the end of the Mueller investigation may mean for the Trump Administration and for other pending investigations and litigation (Volokh Conspiracy; Lawfare; another analysis from Lawfare; The Atlantic; another analysis from The Atlantic).
- Commentators are also considering the advantages and disadvantages to Mueller’s report being made public. (Just Security)
- Details of Mueller’s reasoning regarding the conspiracy and coordination aspect of the investigation could have important ramifications for the 2020 federal elections, writes Rick Hasen at Slate.
- President Trump’s opponents’ focus on criminal violations have loomed large, which may undermine the Mueller report’s utility in any impeachment hearings, suggests Stephen Griffin at Balkinization.
While White House officials – including President Trump’s children Ivanka Trump and Jared Kushner – have repeated been reported to use private apps or e-mail accounts for official communications, the norms of White House communication protocol may not be enforceable, writes Kel McClanahan at Just Security.
IMMIGRATION
Contrary to President Trump’s public statements about new immigrants arriving at the border, data shows that newly arriving families are not the main cause of the growing backlog of immigration cases (TRACImmigration).
Because immigration judges are not consistent and because ICE has full discretion over transferring detained undocumented immigrants between detention centers, ICE has a dangerous ability to forum shop and ensure a favorable decision (ImmigrationProf Blog).
Congress should defund the branch of ICE responsible for deporting non-citizens because it is wasteful, does not contribute to American security, and damages U.S. citizens and the United States economy, according to a new article written by Professor Kari Hong (Immigration Prof Blog).
CIVIL RIGHTS
President Trump signed an executive order to encourage universities to promote and protect free speech, particularly focusing his remarks on the suppression of conservative students’ views, and additionally promoting transparency regarding the cost of college and student borrowing (Religion Clause).
- Neal McCluskey at Cato analyzes this executive order.
DEMOCRACY
Election reforms had a positive impact on voter turnout, writes Miles Rapoport at The American Prospect.
JUSTICE & SAFETY
President Trump’s recognition of the Golan Heights as part of Israel’s sovereign territory contravenes decades of U.S. policy, has lead to largely negative international responses, and appears at least partially political in nature, writes Scott R. Anderson at Lawfare.
Transparency about the casualties of U.S. drone strikes should not be conflated with “body counting” from the Vietnam war era and is compatible with anti-war policy goals, argues Luke Hartig at Just Security.
CONFLICTS OF INTEREST
President Trump’s campaign for the 2020 general election has paid over $1.3 million to private Trump businesses through rent, food, lodging, and other expenses, reports Dan Alexander at Forbes.
REGULATION
The Federal budget and the question of what federal spending to increase or to cut is looming large, but some reforms are possible, writes Chris Edwards at Cato (responding to economist Martin Feldstein at The Wall Street Journal).
The White House budget uncharacteristically proposed an increase in the IRS’s budget, raising questions about what motivations (and who) might be behind this budget proposal, writes Neil H. Buchanan at Dorf on Law.
CHECKS & BALANCES
Two recent decisions by Justice Brett Kavanaugh have mentioned former U.S. Presidents by name, raising concerns about the Court re-politicizing laws that have already been passed and avoiding responsibility for its interpretations of controversial laws, writes Josh Blackman at The Atlantic.
Tags:
Immigration Conflicts Checks & Balances Regulation Democracy Civil Rights Justice & Safety