Rachel Thompson  //  3/4/19  //  Daily Update


The Mexican government has undertaken more active efforts to support President Trump’s border intervention, stopping groups of migrants and refusing asylum applications in some cases. Revisiting an earlier request for Russia to hack Hillary Clinton’s private email server, the President recast those remarks as sarcastic during his longest speech as President. Comments made by Michael Cohen during testimony last week are bringing fresh scrutiny to the role that WikiLeaks played in Russia’s election interference. The President’s use of Non-Disclosure Agreements with highly-subjective gag orders during the campaign might be more common in the private sector but are testing the limits of public information. Weeks of noncompliance with the provisions of the Global Magnitsky Act demonstrate that the President is ignoring his obligations to produce a report on the killing of journalist Jamal Khashoggi.

 

TRUMP: INVESTIGATIONS AND LITIGATION

House Judiciary Committee chairman Jerry Nadler has announced a forthcoming request for documents related to "very clear" evidence of obstruction, according to Aime Williams at the Financial Times.

In a filing last week, Robert Mueller assessed the timeline to make a convincing case against Roger Stone at about two weeks, according to Lydia Wheeler at The Hill.

 

IMMIGRATION

The Mexican government has undertaken more active efforts to support the President’s border intervention, stopping groups of migrants and refusing asylum applications in some cases, Azam Ahmed and Kirk Semple report at The New York Times.

 

DEMOCRACY 

Recounting recent outcomes and popular discrepancies facilitated by the Electoral College, Jamelle Bouie at NYT Opinion argues that the institution is the greatest threat to our democracy.

Travis Crum discusses provisions and protections included in the recently unveiled Voting Rights Advancement Act of 2019.

 

CIVIL RIGHTS

The troubling implications of compromising or conceding the Establishment Clause in the Bladensburg Cross case are analyzed by Nelson Tebbe and Micah Schwartzman.

 

CHECKS & BALANCES

Underpowered nearly since inception, the National Emergencies Act severely limits the ability for Congress to terminate the President’s emergency, writes Don Wolfensberger at The Hill.

Weeks of noncompliance with the provisions of the Global Magnitsky Act demonstrate that the President is ignoring his obligations to produce a report on the killing of journalist Jamal Khashoggi, write Edgar Chen, Alicia O’Brien, and Julie Rodin Zebrak at Just Security.

Balking tradition, in confirming the President’s conservative appeals court nominee without the consent of either Senator from his home-state of Washington the Senate has one-upped the stakes for future political gamesmanship, writes Deanna Paul at The Washington Post.

Digging in at the Conservative Political Action Conference, the President furthered his rhetorical attack on the media and the ‘Presidential Harassment’ of Democratic lawmakers, themselves now launching an “abuse of power investigation (CNN).

The President’s use of Non-Disclosure Agreements with highly-subjective gag orders during the campaign might be more common in the private sector but are testing the limits of public information, writes Orly Lobel at The Atlantic.

  

RULE OF LAW

Does the Supreme Court decision regarding a posthumous bright-line distinction for the validity of judicial opinions undercut its own precedent?, asks Michael C. Dorf.

 

RUSSIAN INTERFERENCE

Revisiting an earlier request for Russia to hack Hillary Clinton’s private email server, the President recast those remarks as sarcastic during his longest speech as President (The Hill).

  • Jose Luis Magana compiles the most bizarre moments of the speech in The Atlantic.

Comments made by Michael Cohen during testimony last week are bringing fresh scrutiny to the role that WikiLeaks played in Russia’s election interference, writes Jaqueline Thomsen at The Hill.

 


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