Daily Update | November 12, 2018
The U.S. Attorney for the Southern District of New York has gathered evidence that Donald Trump played a central role in planning and authorizing hush-money payments to women that violated federal campaign finance law. President Trump issued a proclamation that will prevent anyone who entered the country without authorization outside of official border crossings from being able to bring asylum claims. The deployment of thousands of active-duty soldiers to the border may end up costing approximately $200 million and undermine morale. A record number of migrants traveling in families was apprehended at the southern border last month. The White House is concerned that Interior Secretary Ryan Zinke will be vulnerable to congressional investigations once Democrats retake the House.
TRUMP: INVESTIGATIONS AND LITIGATION
The U.S. Attorney for the Southern District of New York has gathered evidence that Donald Trump played a central role in planning and authorizing hush-money payments to women that violated federal campaign finance law, Joe Palazzolo, Nicole Hong, Michael Rothfeld, Rebecca Davis O’Brien, and Rebecca Ballhaus report in the Wall Street Journal.
- Paul Seamus Ryan argues in Just Security that the new facts reported make it likely that Donald Trump committed campaign finance violations.
- Philip Bump summarizes the evidence in the Washington Post.
- Bob Bauer argues in The Atlantic that the facts demonstrate an open-and-shut case of campaign finance violations committed by Trump
It’s probably too late to stop the Special Counsel’s investigation into Russian election interference, Benjamin Wittes argues in Lawfare.
The 44-year-old Watergate “road map” lays out how Special Counsel Robert Mueller could bypass the new acting attorney general and provide potentially incriminating evidence directly to Congress, Richard Ben-Veniste and George Frampton write in the New York Times.
When Democrats take charge of the House Intelligence Committee in January, they will have ample leads to pursue to complete unfinished business in the investigation into Russian interference in the 2016 election, writes Andy Wright in Just Security.
The D.C. Circuit is currently considering a challenge to the constitutionality of Robert Mueller’s appointment—one which should fail, George Conway and Benjamin Wittes write in Lawfare.
- Marty Lederman writes that the court looks likely to uphold the Special Counsel’s constitutionality in Just Security.
IMMIGRATION
President Trump issued a proclamation that will prevent anyone who entered the country without authorization outside of official border crossings from being able to bring asylum claims, Michael D. Shear and Eileen Sullivan write in the New York Times.
- Read the proclamation here.
- Read the accompanying proposed rule here.
- The president’s proclamation violates the Immigration and Nationality Act, argues Peter Margulies in Lawfare.
- Shoba Sivaprasad Wadhia argues in ACSBlog that the move raises serious legal and moral questions.
- A coalition of immigrants’ rights groups filed suit challenging the administration’s proclamation, writes Nick Miroff in the Washington Post.
- Read their complaint here.
The deployment of thousands of active-duty soldiers to the border may end up costing approximately $200 million and undermine morale, write Thomas Gibbons-Neff and Helene Cooper in the New York Times.
A record number of migrants traveling in families was apprehended at the southern border last month, Ron Nixon reports in the New York Times.
DEMOCRACY
The first order of business for the new Congress should be enacting improvements to the federal electoral system, writes G. Michael Parsons in Modern Democracy.
JUSTICE & SAFETY
The U.S. took another step in withdrawing from the Iran deal, reimposing a second round of sanctions on Iran’s energy, shipping, shipbuilding, and financial sectors, Hilary Hurd writes in Lawfare.
CONFLICTS OF INTEREST
The public has a right to know whether Matthew Whitaker, the new Acting Attorney General, has sought and received ethics advice about whether to recuse from the Special Counsel’s investigation, Scott R. Anderson and Benjamin Wittes argue in Lawfare.
The White House is concerned that Interior Secretary Ryan Zinke will be vulnerable to congressional investigations once Democrats retake the House, Juliet Eilperin, Lisa Rein, and Josh Dawsey report in the Washington Post.
Courts should pay greater attention to regulatory capture when reviewing agency decision-making, Sheldon Whitehouse writes in ACSBlog.
REGULATION
The Trump Administration announced new regulations affording employers wide leeway to opt out of the requirement they provide health insurance that covers contraception, but they are legally vulnerable, argues Nick Bagley in Take Care.
A federal judge blocked the Keystone XL pipeline from moving forward, concluding that the Trump Administration failed to provide a reasoned explanation for its decision and disregarded the impact on climate change (NYT).
- Read the opinion here.
RULE OF LAW
Jeff Sessions’s legacy at the Justice Department is a dark one, argues David Cole in the Washington Post.
Matthew Whitaker’s appointment as Acting Attorney General violates the statutes governing the Department of Justice, Jed Shugerman argues in his eponymous blog.
- Michael Dorf writes that he is not yet convinced that the appointment is unconstitutional.
- Steve Vladeck argues that the appointment is constitutional in the New York Times.
CHECKS & BALANCES
Matthew Whitaker’s appointment as Acting Attorney General presents a test of character for senior leaders in the Justice Department, writes Robert Litt in Lawfare.
The White House could exploit leak investigations to interfere with congressional oversight, Jesselyn Radack and William Neuheisel argue in The Hill.
Tags:
Immigration Rule of Law Conflicts Checks & Balances Regulation Democracy Justice & Safety