Caroline Cox, Ian Eppler  //  5/16/18  //  Daily Update


U.S. Border Patrol has consistently undercounted the number of deaths of migrants on American soil. North Korea suggests that it may back out of the summit with the United States in response to joint South Korea–U.S. military exercises. The White House announced plans to eliminate the top cyber policy advisor position. In a memorial event for law enforcement officials killed in the line of duty, President Trump stated that a “dangerous anti-police prejudice” is growing in the United States. The Trump Organization has brought on a Chinese state-owned company as a partner for a real estate development project in Indonesia, raising questions about potential conflicts of interest after the Trump administration expressed support for ZTE, a Chinese electronics company under US sanctions.

 

TRUMP: INVESTIGATIONS & LITIGATION

A federal district judge denied former Trump campaign manager Paul Manafort’s motion to dismiss his indictment by the Special Counsel’s office on the grounds that the Special Counsel lacked authority to prosecute him (Politico).

  • The opinion is available here.

 

IMMIGRATION 

Defense Department communications signal that the Trump Administration plans to hold migrant children on military bases (WaPo).

U.S. Border Patrol has consistently undercounted the number of deaths of migrants on American soil, writes Bob Ortega in a two-part series at CNN.

The Ninth Circuit heard arguments today in a challenge to President Trump’s recission of the DACA program (AP; Bloomberg).

 

CIVIL RIGHTS

The Trump Administration’s approach to toxic coal ash is leading some Native American communities to argue that the Administration is ignoring tribal concerns (LA Times).

Racial biases may be playing into lines policymakers are drawing in work requirements for Medicaid, housing aid, and food assistance, write Emily Badger and Margot Sanger-Katz at the New York Times.

 

DEMOCRACY

House Speaker Paul Ryan has scheduled a briefing for members of Congress that will discuss the Trump Administration’s work toward election security (The Hill).

Officials from the Department of Homeland Security met with Pennsylvania officials to discuss election security during the Commonwealth’s primaries (The Hill).

 

JUSTICE & SAFETY

North Korea suggests that it may back out of the summit with the United States in response to joint South Korea–U.S. military exercises (NYT, WaPo).

Palestinian protests against Israel and the new U.S. Embassy in Jerusalem have decreased but not died off completely in their second day (NYT).

  • The Hill reports that the United States is pushing against UN probes into the violence.
  • The Washington Post writes that UN Ambassador Nikki Haley defended Israel’s actions.

A new strategy from the Department of Homeland Security provides a framework for addressing the evolving cyber threats (Reuters).

The White House announced plans to eliminate the top cyber policy advisor position (The Hill).

After months of investigation, prosecutors are still unable to bring charges against a former CIA employee who was identified as a suspect in a CIA hacking tools leak (WaPo).

The United States announced new sanctions on Iran’s central bank governor for allegedly providing support to terrorists (Bloomberg).

In a memorial event for law enforcement officials killed in the line of duty, President Trump stated that a “dangerous anti-police prejudice” is growing in the United States (Politico).

 

CONFLICTS OF INTEREST

The Trump Organization has brought on a Chinese state-owned company as a partner for a real estate development project in Indonesia, raising questions about potential conflicts of interest after the Trump administration expressed support for ZTE, a Chinese electronics company under US sanctions, report Alexandra Stevenson and Richard C. Paddock in the New York Times.  

  • The Trump Organization’s involvement in the project may violate the Emoluments Clause, suggests Helaine Olen in the Washington Post.
  • President Trump’s support for ZTE defies explanation, argues Heather Long in the Washington Post.

 

REGULATION

President Trump issued an executive order rescinding some national monument designations made under prior administrations, but it is unclear whether the Antiquities Act authorizes presidents to rescind these designations, notes Justin S. Daniel in the Regulatory Review.

A negotiator for the Mexican government suggested that talks on revisions to the North American Free Trade Agreement will likely continue beyond a Thursday deadline, making it unlikely that Congress will be able to vote on proposed revisions before the midterm elections (WSJ).

Breaking with longstanding practice, the Environmental Protection Agency will not consult with California’s regulators before proposing new vehicle emissions rules (WSJ).

 

RULE OF LAW 

The Inspector General of the Environmental Protection Agency announced an investigation into EPA Administrator Scott Pruitt’s use of a private email account (Politico).

 

CHECKS AND BALANCES

The Senate confirmed Trump judicial nominees Joel Carson and John Nalbandian to the United States Court of Appeals for the Tenth Circuit and the United States Court of Appeals for the Sixth Circuit, respectively, bringing the total number of circuit judges confirmed during the Trump administration to 21 (Courthouse News).

The Senate is likely to confirm Gina Haspel, President Trump’s nominee for director of the Central Intelligence Agency, after several Democrats announced they would support her (NYTimes, Politico, WSJ).

  • Sen. Mark Warner (D-VA) announced his support after Haspel stated, in a letter to him, that the CIA should not have used “enhanced interrogation” during the Bush administration (Axios).
  • Haspel also responded to written questions from other senators (Lawfare).
  • The Senate will be voting on Haspel’s confirmation without seeing a Department of Justice report on Haspel’s involvement in the destruction of videotapes of CIA torture, notes Brian Tashman of the ACLU.
  • The CIA needs a leader with a strong moral compass, and Haspel’s involvement in torture suggests she falls short, argues Sahar Aziz at ACS Blog.

 

 


Daily Update | January 23, 2019

1/23/19  //  Daily Update

The Supreme Court granted the DOJ’s request to lift lower court injunctions blocking the implementation of the transgender military ban, allowing the ban to go into effect. The Court also chose not to take action on the DOJ’s request to review DACA, which may have consequences for government shutdown negotiations. President Trump’s new policy cutting funding for congressional travel during the shutdown may violate federal law and may hinder Congress’ ability to oversee foreign affairs. The President admitted via Twitter that he told Press Secretary Sarah Sanders “not to bother” with press briefings because of the media’s rude and inaccurate coverage. Modifications to the Medicare Part D Prescription Drug Program proposed by HHS and CMS will negatively impact participants with HIV.

Mackenzie Walz

University of Michigan Law School

Daily Update | January 22, 2019

1/22/19  //  Daily Update

President Trump's personal lawyer Rudy Giuliani said that conversations about Trump Tower Moscow went on leading up to the 2016 election. The Trump administration’s proposed ACA Rules could raise health insurance costs for millions of Americans. After the bipartisan First Step Act was signed, the DOJ and BOP have been dragging their feet to implement the new law, which reforms the criminal justice system. President Trump cannot acquire the land he needs build his border wall without forcibly displacing large numbers of property owners by using eminent domain. The Special Counsel’s office says it did not realize the extent of Buzzfeed’s story about Michael Cohen until it was published.

Abigail DeHart

Michigan Law School

Daily Update | January 18, 2019

1/18/19  //  Daily Update

In response to Nancy Pelosi’s threat to cancel the State of the Union, President Trump cancelled a congressional delegation to Brussels, Egypt, and Afghanistan. Lack of funding for HUD means that rent for seniors and people with disabilities living in HUD-subsidized housing are facing poor housing conditions and could lose their housing altogether if the shutdown persists. The State Department will call back its furloughed diplomats next week, after finding enough money to cover payroll for two weeks. President Trump’s former lawyer, Michael Cohen, used his technology company to try to rig online polls in President Trump’s favor during his presidential campaign. The GAO has released a report regarding the impact of global migration on climate change. The DOJ has submitted a filing indicating that it no longer believes that Texas should be put under federal supervision for voting under the Voting Rights Act.

Karen Kadish

Columbia Law School