Ari Hoffman,  //  5/18/17  //  Daily Update

Discussion continues about whether the President obstructed justice and can, or should, be removed from office. The Department of Justice appoints a special prosecutor to investigate the allegations of collusion between Russia and Trump's campaign. In other news, reports emerge that immigration officials are looking for increased discretion in immigration hearings, and several commentators at this blog propose a solution to resolve the Gavin Grimm case about access to restrooms for transgender students.

REMOVAL FROM OFFICE & SPECIAL PROSECUTOR APPOINTMENT

Here at Take Care, Joshua Matz charts “a path to madness” through the motives behind President Trump’s recent actions, and discusses the distinction between obstruction of justice and an impeachable offense.  

Leah Litman weighs in with "a few cheers" on the appointment of a special counsel, but concludes that this move is insufficient for several key reasons (Take Care).

The latest episode of our Versus Trump podcast covers Trump's firing of Comey (as well as the sanctuary city litigation).

Commentators weighed in on the appointment of former FBI Director Mueller as special counsel.

• Here you'll find analysis from Lawfare, Noah Feldman at Bloomberg, Matt Ford at The Atlantic, the NYT Editorial Board, Jennifer Rubin at the Washington Post, the Wall Street Journal, and Ian Millhiser at ThinkProgress. 

Discussion continues about whether the President obstructed justice.

• Jonathan Chait sees the release of the Comey memo as a turning point in President Trump’s escalating legal woes (NY Mag).
• In the New York Times, Charlie Savage explains the "often-murky" crime of obstruction of justice, while Ross Douthat makes the case for an alternative to impeachment. Politico, The Atlantic, and the editorial board at the The New York Times all also discuss the question. 
• Eric Posner disagrees with the Douthat's 25th Amendment argument here. 
• The evidence of Trump’s obstruction is compelling, argues former Prosecutor Alex Whiting for Just Security.
• For another perspective, Elizabeth Price Foley refutes the obstruction of justice possibility (NYT).
• Lawfare takes a deep dive into the legal and political implications of Comey’s memo.

Michelle Goldberg envisions a mass West Wing exodus (NYT).

At The Washington Post, Jennifer Rubin makes the case for why impeachment is plausible.

The Comey memo describes an impeachable offense, argues Noah Feldman for Bloomberg.

The Comey memo, if it exists, would document a White House in violation of the Take Care Clause, argues Andy Wright for Just Security.

Trump's disclosures to Russia may well have been unlawful, argue Marty Lederman and David Pozen on Just Security.

An impeachment should not be a partisan affair, argues Keith Whittington at Lawfare.

President Trump is suffering from an enormous governing crisis, according to Bob Bauer at Lawfare.

IMMIGRATION 

The House and Senate must not green-light lower standards for Customs and Border Protection recruits and worsen widespread integrity failures, argues James Tomsheck for The Hill.

Despite hiring, immigration courts are facing enormous backlogs and wait times, according to Immigration Prof Blog.

Prosecutors are asking for discretion on pleas and sentences under President Trump’s deporation plan, according to Christie Thompson at the Marshall Project.

CIVIL RIGHTS

The Push to gut the so-called Johnson Amendment prohibiting political endorsements by tax-exempt non-profits could open a “divine dark-money loophole,” argues Maya Gold for Citizens for Responsibility and Ethics in Washington.

There’s an easy way to resolve the Gavin Grimm Case concerning Title IX and restroom access, argue Marty Lederman, Michael Dorf, Samuel Bagenstos, and Leah Litman for Take Care.

JUSTICE AND SAFETY

The United States must sustain measures against North Korea until the Kim’s regime of denuclearization and dismantling of gulags are verified, argues Sung-Yoon Lee for NYT.

Questions mount over North Korea’s Ties to Ransomware attacks. (The Hill). 

CONFLICTS OF INTEREST

The Week tracks the link between a Russian bank linked directly to Putin and a Trump Hotel in Toronto.

REGULATION

Here at Take Care, Ann Carlson and Eli Savit each weigh-in on whether Trump remaining in the Paris Agreement would just provide a fig leaf to pursue an anti-environmental agenda. 

RULE OF LAW

Richard Painter and Norman Eisen assess the mounting evidence for criminality in President Trump’s course of behavior (NYT).

CHECKS & BALANCES

House Democrats are trying to force a vote on their proposal for a bipartisan commission to investigate Russian interference in the U.S. election (WaPo).

RUSSIAN INTERFERENCE

The Wall Street Journal tallies the toll President Trump’s behavior is taking on the credibility of the Presidency.

Over at Just Security, Liza Goiten queries whether President Trump’s intelligence disclosure to the Russian Foreign Minister was in fact legal.

And that’s our update today!  Thanks for reading.  We cover a lot of ground, so our updates are inevitably a partial selection of relevant legal commentary.

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