,  //  5/25/17  //  Daily Update

Discussion of the President's proposed budget continues. The CBO releases its long-awaited analysis of the version of the American Health Care Act that has already passed the House of Representatives. Former CIA Director Brennan testifies before Congress that Russia "brazenly" interfered with the election. And the search continues for a new FBI director.

REGULATION

Discussion continues of President Trump’s proposed budget.

• Carl Hulse writes that it is to President Trump’s political benefit that his budget will not pass (NYT). Benjamin H. Friedman agrees (Cato @Liberty). 
• The Justice Department confirmed that part of the budget would change federal law such that local jurisdictions could be forced, upon federal request, to detain suspected illegal immigrants (WaPo). 
• The new budget could preclude the District of Columbia from using its own tax dollars to implement its new assisted suicide law, reports Fenit Nirappli (WaPo). 
• DHS Secretary Kelly defended proposed cuts to his department, saying local jurisdictions will be fine with less counterterrorism funding (WaPo). 
• Feministing argues the budget is “stunningly cruel” to working-class women and children. 

The Congressional Budget Office estimated that the Republican health care bill would increase the ranks of the uninsured by 23 million over a decade (NYT, WaPo, WSJ). 

• James Downie writes that the CBO numbers confirm the incredible cruelty of the bill (WaPo). 
• The Washington Post Editorial Board writes that the CBO analysis confirms that the proposed bill is no rescue plan.  
• Haeyoun Park and Kevin Quealy provide an overview of key findings from the CBO report (NYT). 
• Amber Phillips breaks down the three most important numbers related to the bill: the number of uninsured, the rise in payments for insurance coverage, and the amount the bill is projected to reduce the deficit (WaPo). 
• Jennifer Rubin argues the bill is bad legislation because of the damage to insured Americans and because the bill doesn’t fix Republican problems with Obamacare (WaPo). 
• At Take Care, Rachel Sachs covers the most recent updates in a House lawsuit against the Affordable Care Act.

The FCC voted to begin relaxing regulations on Internet providers (WaPo).  

The U.S. Court of Appeals for the District of Columbia Circuit heard oral argument on the issue of whether the president can fire the head of the Consumer Finance Protection Bureau, and the court appeared wary of ruling the CFPB’s structure unconstitutional, report Yuka Hayashi and Brent Kendall (WSJ). 

Ashlee Kieler reports Education Secretary DeVos will change the contracting system for federal loan servicing and award the contract to only one company by 2019, down from 9 companies (Consumerist). 

RUSSIAN INTERFERENCE

American officials report that last summer, the U.S. intelligence community collected information revealing that Russian officials were discussing how to influence now-President Trump through his aides (NYT).

• Former CIA Chief Brennan testified before Congress that Russia “brazenly” interfered in the election (WSJ). 
• Quinta Jurecic reports on other highlights of Mr. Brennan’s testimony (Lawfare). 

The Senate Select Committee on Intelligence issued two new subpoenas to Virginia-based business entities owned by Michael Flynn (WSJ, The Hill, Politico). 

• Rep. Schiff (D-Calif.) says the House Intelligence Committee will subpoena Michael Flynnafter Mr. Flynn declined the panel’s request for documents and testimony as part of its investigation into Russian meddling in last year’s election (NYT). 
• Alex Flynn investigates the circumstances under which Mr. Flynn might successfully invoke the 5th Amendment as a reason to refuse to provide documents (Just Security). 
• Alex Whiting also analyzes the issue, for Just Security.

Phillip Bump argues that the Russia investigation is especially important because President Trump won (WaPo). 

Karoun Demirjian and Devlin Barrett report that a “Russian intelligence document,” which may have influenced former FBI Director Comey’s handling of the investigation into Hillary Clinton’s emails, may be a fake (WaPo). 

• At Lawfare, Benjamin Wittes explores what former FBI Director Comey may have told President Trump when they spoke in person about the investigation.  

Paul Manafort, President Trump’s former campaign chairman, submitted 305 pages of documents related to the investigation into Russian interference in the 2016 election to the House and Senate intelligence committees this week (WaPo). 

Lorelai Laird reports AG Sessions did not fully disclose Russian contacts on his security clearance application (ABA Journal).

At the American Constitution Society, Dan Froomkin and Caroline Fredrickson argue we can’t rely on Robert Mueller’s investigation to tell us what we need to know. 

Josh Blackman writes President Trump could potentially remove Robert Mueller as Special Investigator (Lawfare). 

During Congressional testimony, DNI Coats stated it was improper for him to talk about conversations he had with President Trump, when asked about whether President Trump had requested he help push back on the Russia investigation (Politico). 

President Trump retained Mark Kasowitz as outside counsel to help with the Russia investigation (WaPo).

At Politico, Asha Rangappa considers whether White House Press Secretary Spicer may have been laying the groundwork for a “foreign policy defense” to potential obstruction of justice charges against the president for the firing of Comey. 

CONFLICTS OF INTEREST

Although President Trump promised that the Trump Organization would donate to the United States Treasury “all profits” from foreign government patronage of his hotels, Ben Protess and Steve Eder report the Trump Organization is struggling to fulfill the promise (NYT).

CIVIL RIGHTS

President Trump’s proposed budget cuts critical programs impacting LGBTQ people, argues Andrea Levario for the Human Rights Campaign.

A bipartisan group of representatives has released a resolution condemning the violence against gay and bisexual Chechens (Human Rights Campaign).

CHECKS AND BALANCES

At Take Care, Shakeer Rahman writes that we must mind the delicate balance between policing and politics.  

JUSTICE & SAFETY

President Trump is broadening his search for a new FBI director after at least two rounds of interviews with more than 10 contenders (Politico).

• Former D.C. U.S. Attorney Ken Wainstein, a Republican and respected lawyer, is being considered for the job (WSJ).

Attorney General Jeff Sessions, who has quietly continued the radical remaking of the Justice Department, is more dangerous than President Trump, argues David Cole, Legal Director for the ACLU. 

Appointing Milwaukee County Sheriff David Clarke to a senior position in the Department of Homeland Security would damage the agency’s ability to coordinate with state and local partners and elevate his fringe views to the national stage, argues Michael Price for The Huffington Post.

DEMOCRACY

With a President apparently more lacking in personal control than any in our nation’s history, we should focus more on those who have the possibility and responsibility of constraining him, argues Dawn Johnsen for Take Care.

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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