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Hetali Lodaya, Karen Kadish  //  5/9/19  //  Daily Update

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The House Judiciary Committee voted to hold Attorney General William Barr in contempt for his failure to produce an unredacted version of the Mueller report for Congress. President Trump invoked executive privilege over the unredacted Mueller report. The State Department is challenging a district court decision regarding the citizenship of a same-sex couple’s child, arguing that a biological relationship with their citizen father is required for US citizenship. The Trump Administration is using an obscure waiver provision in the Social Security Act to impose eligibility hurdles on Medicaid beneficiaries, resulting in thousands of people losing health insurance coverage. Vice President Pence announced that the Trump administration is going to challenge district judges’ authority to issue nation-wide injunctions. Donald Trump, Jr. was subpoenaed by the Senate Intelligence Committee in connection with their Russia probe. 

 

TRUMP: INVESTIGATIONS AND LITIGATION

The House Judiciary Committee voted to hold Attorney General William Barr in contempt for his failure to produce an unredacted version of the Mueller report for Congress. (NYT, WaPo)

• A clarifying analysis addressing today’s events in the House Judiciary Committee is available from Charlie Savage at The New York Times.
• Attorney General William Barr’s handling of the Mueller report has been politically motivated, writes Robert Litt in response to Jack Goldsmith’s defense of Attorney General Barr at Lawfare.

President Trump invoked executive privilege over the unredacted Mueller report.

• A copy of the letter invoking executive privilege is available here.
• The President’s invocation of executive privilege came in response to a letter from Attorney General William Barr, which asked the President to invoke privilege. (Lawfare)
• Chairman of the House Committee on the Judiciary, Jerrold Nadler, wrote to the attorney of former White House Counsel Don McGahn informing him that he is obliged to appear before the House despite the President’s threat to invoke executive privilege until a court order has been issued authorizing his noncompliance. (Lawfare)

 

IMMIGRATION

The Ninth Circuit ruled that the Trump administration can continue requiring some asylum-seekers to remain in Mexico while their cases are processed, but concurring opinions indicate that some judges are skeptical of many of the administration’s legal arguments regarding the policy. (The Hill, Lawfare, NYT)

• The order is here.

The Administration has issued new regulations for asylum officers, directing them to behave more confrontationally in interviews with asylum seekers. (ImmigrationProfBlog)

• You can read the new guidelines here.

 

CIVIL RIGHTS

The State Department is challenging a district court decision regarding the citizenship of a same-sex couple’s child, arguing that a biological relationship with their citizen father is required for US citizenship. (Daily Beast)

 

JUSTICE & SAFETY

President Trump’s decision to revoke the U.S. signature of the Arms Trade Treaty, announced on April 26^th at an NRA event, is concerning because the treaty is key to working toward the reduction of gun violence internationally, writes Pablo Arrocha Olabuenaga at Just Security.

 

REGULATION

The Trump Administration is using an obscure waiver provision in the Social Security Act to impose eligibility hurdles on Medicaid beneficiaries, resulting in thousands of people losing health insurance coverage, writes Gabriel Scheffler at The Regulatory Review.

 

CHECKS & BALANCES

The White House’s blanket refusal to answer subpoenas threatens the balance between branches of government, argues Don Wolfensberger at The Hill.

Vice President Pence announced that the Trump administration is going to challenge district judges’ authority to issue nation-wide injunctions. (The Hill)

 

REMOVAL FROM OFFICE 

The tool of impeachment could be “cheapened” if the House uses it knowing the Senate won’t convict, argues Keith Whittington at Lawfare.

The House should impeach President Trump, even he will be acquitted by the Senate, because an impeachment will establish and reinforce the expectations of the Presidential Office and make it clear that the President’s actions have deviated beyond the acceptable bounds of his office, argues Keith E. Whittington at Lawfare.

 

RUSSIAN INTERFERENCE 

Donald Trump, Jr. was subpoenaed by the Senate Intelligence Committee in connection with their Russia probe. (WSJ; NYT)

 

Tags:

Immigration Checks & Balances Regulation Civil Rights Justice & Safety Removal from Office Russian Interference

 

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