Karen Kadish  //  5/3/18  //  Daily Update


In the latest shake-up of the Trump legal team, Ty Cobb announced he is stepping down and the White House announced that white-collar defense attorney Emmet Flood has joined the legal team. U.S. Customs and Border Protection formally requested assistance from the Pentagon to secure the US-Mexico border, asking for almost 2,100 of the 4,000 troops that were authorized for the mission. The Ninth Circuit denied rehearing en banc in a challenge to Montana’s campaign-finance regulations, potentially setting the case up for Supreme Court review. Special Counsel Robert Mueller requested that sentencing of former national security adviser Michael Flynn be delayed by at least two month.

 

TRUMP INVESTIGATIONS AND LITIGATION

In the latest shake-up of the Trump legal team, Ty Cobb announced he is stepping down and the White House announced that white-collar defense attorney Emmet Flood has joined the legal teamwrite Robert Costa, Josh Dawsey, Rosalind S. Helderman, and Philip Rucker at The Washington Post.

 

IMMIGRATION 

The Justice Department filed criminal charges against eleven different suspected members of the caravan that reached southern California early this week, reports ImmigrationProfBlog.

 

CIVIL RIGHTS

The HHS Office of Civil Rights has initiated an investigation into Hawaii Act 200 requiring limited service pregnancy centers in Hawaii – many of which do not provide abortion services – to inform patients of Hawaii public programs providing more comprehensive pregnancy serviceswrites Howard Friedman at Religion Clause.

 

DEMOCRACY 

The Ninth Circuit denied rehearing en banc in a challenge to Montana’s campaign-finance regulations, potentially setting the case up for Supreme Court reviewwrites Rick Hasen at Election Law Blog.

The DNC filed suit related to the theft and dissemination of internal e-mails and computer files against parties ranging from Russian operatives, campaign officials from the Trump campaign, and WikiLeaksreports Andy Write at Just Security.

  • Find the complaint here.

 

JUSTICE & SAFETY

U.S. Customs and Border Protection formally requested assistance from the Pentagon to secure the US-Mexico border, asking for almost 2,100 of the 4,000 troops that were authorized for the missionreports Kate Brannen at Just Security.

The Pentagon has ordered stores on military bases to stop selling products made by Chinese telecom firms Huawei and ZTE due to security concernswrites Harper Neidig at The Hill.

The first detainee was transferred from Guantanamo Bay today under the Trump administration and was repatriated to Saudi Arabiawrites Scott R. Anderson at Lawfare.

 

REGULATION

The Centers for Medicare and Medicaid Services announced that Medicare Advantage plans could expand health-related benefits to allow for supplemental benefits that compensate for physical conditions, such as particular food requirements, transportation to medical appointments, writes Gilbert Benavidez on The Health Care Blog.

White House trade adviser Peter Navarro said that any country that is exempted from the new tariffs will have a quota and other restrictions,” reports Megan Cassella at Politico.

 

RULE OF LAW

Mike Pence's characterization of Joe Arpaio as a "champion" of the rule of law is concerningwrites Richard Primus at Balkinization.     

 

CHECKS & BALANCES

President Trump publicly critiqued the Justice Department for its refusal to give lawmakers an unredacted version of the August 2017 memo outlining the scope of Mr. Mueller’s investigationwrite Eileen Sullivan and Nicholas Fandos at The New York Times.

With the swearing in of three new commissioners today, the FTC is now majority Republican,writes Barbra S. Mishkin at Consumer Finance Monitor.

 

REMOVAL FROM OFFICE 

Citizens for Responsibility and Ethics in Washington wrote to the Senate Budgetary Committee asking for an investigation of OMB Director and CFPB acting Director Mick Mulvaney regarding ongoing foreclosure litigation one of his companies is involved in. (Find the letter here).

 

RUSSIAN INTERFERENCE

Special Counsel Robert Mueller requested that sentencing of former national security adviser Michael Flynn be delayed by at least two monthswrites Brett Samuels at The Hill.

Compelling the President to testify with a subpeona would be difficult, but Mueller would likely prevailargue Steve Vladeck and Benjamin Wittes at Lawfare

 


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