Helen Marie Berg, Caroline Cox  //  3/27/18  //  Daily Update


The deportation of a U.S. Army veteran after his drug felony conviction highlights the challenges of the American immigration system. Stormy Daniels’s lawsuit highlights the need to reform NDAs that shield sexual harassers. The recently replaced chairman of the U.S. Election Assistance Commission is joining the Department of Homeland Security’s program to fight cyber threats to elections. In his toughest stance against the Kremlin yet, President Trump orders the expulsion of 60 Russians from the U.S. GOP fundraiser and defense contractor Elliott Broidy has offered clients—many of whom are foreign leaders—private access to President Trump in exchange for business.

 

IMMIGRATION

The deportation of a U.S. Army veteran after his drug felony conviction highlights the challenges of the American immigration system, writes Christine Hauser at the New York Times.  

 

CIVIL RIGHTS

Stormy Daniels’s lawsuit highlights the need to reform NDAs that shield sexual harassers, explains Leah Litman at Take Care. 

The Senate Judiciary Committee has invited the CEOs of Facebook, Google, and Twitter to discuss data privacy in the wake of the Cambridge Analytica controversy (Politico).

Federal regulators and a bipartisan group of state attorneys general are investigating Facebook and its privacy policies (WSJ).

 

DEMOCRACY

The recently replaced chairman of the U.S. Election Assistance Commission is joining the Department of Homeland Security’s program to fight cyber threats to elections (The Hill).

Common Cause has filed complaints with the Department of Justice and the Federal Election Commission that allege Cambridge Analytica violated campaign finance law (Just Security). 

Non-U.S. citizen employees of Cambridge Analytica advised Republican candidates in 2014 despite U.S. regulations forbidding the participation of foreign nationals in the “decision-making process” of a political campaign (WaPo).

 

JUSTICE & SAFETY

Democratic lawmakers have introduced a bill in the House and Senate that would require a background check for all firearm ammunition sales (The Hill).

Gina Haspel cannot argue that she was “just doing her job” when running the CIA’s controversial enhanced interrogation program, argues Stephen Rickard at The Hill.

The numerous changes to President Trump’s national security team place Defense Secretary Jim Mattis in an an increasingly difficult position (WSJ).

In his toughest stance against the Kremlin yet, President Trump orders the expulsion of 60 Russians from the U.S (NYT).

  • The President’s tough actions contrast other friendly overtures (Politico).


CONFLICTS OF INTEREST

House Democrats ask FCC Commissioners if they consulted agency ethics officials before attending CPAC last month (The Hill).

White House attorneys investigate whether loans made to Jared Kushner’s family business violated criminal law and ethics obligations (WSJ).

President Trump may not understand why Joseph diGenova could not represent him, but his legal team should have realized the conflict, argues Diane Klein at Dorf on Law. 

GOP fundraiser and defense contractor Elliott Broidy has offered clients—many of whom are foreign leaders—private access to President Trump in exchange for business (NYT).

  • Broidy has also sued Qatar for smearing his reputation (WaPo).

 

REGULATION

The EPA is likely to declare that Obama-era fuel efficiency standards are too strict—a move that will please automakers and may instigate a confrontation with California (The Hill).

The conservative attack on guidance documents is hypocritical, misplaced, and futile, explains Rita Steinzor at The Regulatory Review.

The DOJ wants phone companies to grant them access to encrypted data, but industry experts say it is impossible for an encrypted phone to protect data and be accessible to the government on demand (Ars Technica).

 

RULE OF LAW

In the wake of the Zervos v. Trump, Congress could grant the President temporary immunity from civil actions in both state and federal court, argues Michael Dorf at Take Care.   

Congress should pass legislation on standards for judicial review of the removal of the special counsel—not legislation about preventing his removal, suggests Adam J. White at Lawfare.

The President misunderstands the valuable role the DOJ Inspector General could play in overseeing the special counsel, explains Peter Tyler at POGO.

 

CHECKS & BALANCES

If Congress reclaims its War Powers, John Bolton could not start the unnecessary war that his critics fear, writes Ilya Somin at Volokh Conspiracy.

 

REMOVAL FROM OFFICE

Stormy Daniels tells 60 Minutes that she accepted hush money because she received threats and feared for her safety (NYT).

  • Surprisingly, the President has not tweeted a response to the interview (WaPo).
  • Stormy Daniels also added Michael D. Cohen to her pending lawsuit, claiming that he portrayed her as a liar (WSJ).
  • The cover-up—not the affair—may significantly harm the President (WSJ).

 

RUSSIAN INTERFERENCE

With the prospect of the President sitting for an interview looming in the background, Jay Sekulow is essentially leading a one-man show as Trump’s Russia investigation legal team (NYT).

  • Dan K. Webb, a Chicago defense attorney, declines an offer to join the team (WaPo).
  • Ted Olson also rejected an offer and is now speaking out against the President (WaPo).

Lawyers and experts suggest that Rick Gates may have a lot to share with special counsel Mueller (Politico).

The public lost it when Andrew McCabe was fired but cheered when Michael Flynn was fired even though they both allegedly lied to the FBI, says the Editorial Board at The Wall Street Journal.

 


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