Jacob Miller  //  5/15/19  //  Daily Update


The Alabama Senate approved a measure that would outlaw abortion at all stages of pregnancy except in cases where the mother’s life is at serious risk; it awaits signature by Governor Kay Ivey. A new law will impose financial burdens on individuals convicted of felonies that make it harder for them to vote in Florida, despite the passing of Florida’s ballot initiative to restore voting rights to felons. Action from the FCC has continued to increase tensions between the United States and China following a unanimous vote to block China Mobile, and threatening public statements from President Trump. Donald Trump Jr. has agreed that he will appear before the Senate Intelligence Committee behind closed doors, following a fight between Republican lawmakers. Florida Governor Ron DeSantis claimed he was not allowed to say which two Florida counties were hacked by Russians in the 2016 election.

 

TRUMP: INVESTIGATIONS AND LITIGATION

Justice Department precedent favors Special Counsel Robert Mueller’s analysis of potential obstruction of justice, even if Mueller did not make all of the arguments around statutory interpretation that he could have, argues Andrew Kent for Lawfare.

Just Security created a chart of potential wrongdoing by President Trump’s personal lawyers outlined in the Mueller report.

  • See the chart here.

The Department of Justice requested that a judge allow a court of appeals to review legal questions in an ongoing lawsuit that President Trump violated the Emoluments Clause of the Constitution before the case continues (Hill).

Donald Trump Jr. has agreed that he will appear before the Senate Intelligence Committee behind closed doors, following a fight between Republican lawmakers (Politico).

Attorney General William Barr has announced an investigation into the F.B.I.’s investigation into Russian interference in the 2016 election, but should return to trying to ensure fair elections going forward, writes the New York Times Editorial Board.  

 

IMMIGRATION

Department of Homeland Security Secretary Kirstjen Nielsen and Ronald Vitiello, a high level enforcement official, both challenged a White House plan to arrest families that had crossed the United States-Mexico weeks before many individuals were fired from the Department (Immigration Prof Blog, WaPo).

A federal judge denied Department of Homeland Security motions to separate and move cases to district court that accuse the Department of blocking migrants' right to counsel (Hill).

 

CIVIL RIGHTS

The Alabama Senate approved a measure that would outlaw abortion at all stages of pregnancy except in cases where the mother’s life is at serious risk; it awaits signature by Governor Kay Ivey (NYTimes, WaPo, WSJ, LATimes, Politico).

Courts have an historically had an important role in reproductive justice, and should not be de-emphasized in discussions moving forward, argues Leah Litman for Take Care.

A new law will impose financial burdens on individuals convicted of felonies that make it harder for them to vote in Florida, despite the passing of Florida’s ballot initiative to restore voting rights to felons, writes Katrina vanden Heuvel for the Washington Post.

 

JUSTICE & SAFETY

The Trump administration should relieve specific sanctions if it actually is concerned about the wellbeing of the Iranian people during its strategy of employing “maximum pressure,” write Tyler Cullis and Amir Handjani for Lawfare.

CONFLICTS OF INTEREST

Private equity investor Tom Barrack, a friend of President Trump’s, was given access to Commerce Secretary Wilbur Ross to pitch a plan around changing Middle East policy, according to emails obtained by CREW.

 

REGULATION

Action from the FCC has continued to increase tensions between the United States and China following a unanimous vote to block China Mobile, and threatening public statements from President Trump (Hill).

 

REMOVAL FROM OFFICE

Public opinion favors impeachment against President Trump much more than it did for President Clinton, and even more than compared to President Nixon, putting President Trump in a weak position going forward, writes Sidney Blumenthal in an open memo on Just Security.

 

RUSSIAN INTERFERENCE

The Justice Department’s excusing of Rudy Giuliani’s planned trip to Ukraine to gather political information invites foreign interference in the 2020 election overall, argues Francis Wilkinson for Bloomberg.

Florida Governor Ron DeSantis claimed he was not allowed to say which two Florida counties were hacked by Russians in the 2016 election (Tampa Bay Times).

Secretary of State Mike Pompeo told reporters that he informed Russian Foreign Minister Sergey Lavrov that “interference in American elections is unacceptable and if the Russians were engaged in that in 2020 it would put our relationship in an even worse place than it has been” (Hill).

 


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

Daily Update | May 28, 2019

5/28/19  //  Daily Update

Days after ordering an additional 1,500 troops to the Middle East, President Trump announced the Administration is not seeking a regime change in the country. Isolating himself from his allies and advisors, President Trump sided with North Korean leader Kim Jong Un, declaring he did not think North Korea’s missile tests violated the UN resolution. Due to a surge in border crossings, the Administration is sending up to 3,000 migrants every week for processing in cities outside of their original points of entry. Transgender rights advocates intend to fight the Administration’s proposed rule change that would make it easier for doctors to refuse care to transgender patients.

Mackenzie Walz

University of Michigan Law School