Hetali Lodaya  //  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.

 

TRUMP: INVESTIGATIONS AND LITIGATION

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. (WaPo)

A former Roger Stone aide has given up his fight against a grand jury subpoena and will appear. (Politico)

Federal prosecutors have shared documents that are central to their case against former White House counsel Gregory Craig. (Politico)

 

IMMIGRATION 

A recent decision from AG Barr may deprive asylum seekers from a key protection against prolonged imprisonment. (Lawfare)

 

CIVIL RIGHTS

The Supreme Court has agreed to hear a case deciding whether a Bivens claim can be brought against a border patrol agent for a cross-border shooting; the Administration has urged the court not to find the agent subject to liability. (Daily Caller)

Changes to the website of the Office of Civil Rights in the Department of Health and Human Services foreshowed the current rollback of transgender protections. (Sunlight Foundation)

 

JUSTICE & SAFETY 

The House should consider a resolution to impeach John Bolton or to pre-define what they would view as unauthorized warmaking, writes Gene Healy at Cato.

 

CHECKS & BALANCES

Mitch McConnell says that Republicans would fill a Supreme Court vacancy in 2020 even if it occurs during the presidential election. (The Hill)

 

FEDERALISM

A proposed law in New York that would force the President to produce his tax returns might set bad precedent for state interference with federal action, writes Michael C. Dorf at Verdict.

 

RUSSIAN INTERFERENCE

Special Counsel Robert Mueller delivered a statement regarding the Russia investigation. (NYT)

  • Video of the statement is here. The prepared statement in written form is here.
  • Mueller’s statement clearly indicates he is encouraging Congress to begin impeachment proceedings, argues Richard Hasen at Slate.
  • The statement highlights a difference in a opinion between Mueller and Barr as to who is responsible for deciding whether a president has committed crimes, write Devlin Barrett and Josh Dawsey at The Washington Post.
  • Congress needs to address three key legal arguments now that Mueller has refused to testify, but they have the ability to do so, writes Benjamin Wittes at Lawfare.

 


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