Kate Berry  //  11/14/17  //  Daily Update


The Ninth Circuit ruled that a portion of the third travel ban may take effect, allowing the government to prohibit the entry of individuals from certain countries who lack a bona fide relationship with a person in the United States. DOJ prosecutors are considering whether a special counsel should be appointed to investigate donations to the Clinton Foundation. Donald Trump Jr. communicated via private message on Twitter with WikiLeaks during the 2016 campaign; those communications were provided by Trump Jr. to Congressional committees investigating Russian interference.

 

IMMIGRATION

The Ninth Circuit ruled that a portion of the third travel ban may take effect, allowing the government to prohibit the entry of individuals from certain countries who lack a bona fide relationship with a person in the United States (WaPo, WSJ).

 

CIVIL RIGHTS

FBI hate crime statistics show a five percent increase in hate crimes in 2016 (WSJ, HRC).

 

DEMOCRACY

DC Superior Court limited information DOJ investigators will be able to see about third party users in its investigation of Facebook and criminal rioting on Inauguration Day (The  Hill).

 

JUSTICE & SAFETY

The Solicitor General’s filing in Hargan v. Garza suggests the Trump Administration views the DOJ as a political tool, writes Leah Litman at Take Care.

DOJ prosecutors are considering whether a special counsel should be appointed to investigate donations to the Clinton Foundation (NYT, WaPo, LA Times, Politico).

  • Attorney General Jeff Sessions’s letter to Congress here.

The Trump Administration’s new drones policy may require countries that assist the U.S. in lethal operations outside areas of active hostilities to assess whether a particular situation is in line with international law (Just Security).

Tuesday’s Senate Foreign Relations Committee hearing is an important opportunity to revise U.S. launch policy and the authority of the executive, write Daryl Kimball and Kingston Reif at The Hill.

91 percent of President Trump’s federal judicial nominees are white and 81 percent are male, according to recent Associated Press analysis.

 

CONFLICTS OF INTEREST

A recent golf tournament hosted at Trump International Golf Links and Hotel Doonberg in Ireland was funded in part by entities funded by the governments of Ireland and Northern Ireland (Citizens for Ethics).

Democratic lawmakers demanded an investigation into FCC Chairman Ajit Pai for potential partisanship in his dealings with Sinclair Broadcast Group, which has been favorable to the Trump Administration (ArsTechnica).

Brett T. Talley, Trump Administration nominee for federal court in Alabama, failed to disclose that his wife is an attorney in the White House (WaPo).

 

REGULATION

The CFBP published two notices in the Federal Register, seeking information about experiences with free credit reporting agencies and alerting the public to an updated free credit score access list (Consumer Finance Monitor).

The FDA approved a digital pill which will permit doctors to determine whether and when a patient takes the prescribed medication, generating concerns about patient privacy (NYT).

Alex M. Azar II, former president of pharmaceutical company Eli Lilly, was nominated by President Trump to succeed former secretary Tom Price as Secretary of Health and Human Services (NYT, LA Times, WSJ, Politico).

  • During Azar’s tenure at Eli Lilly drug prices rose dramatically for top-selling drugs (WSJ).

Democratic lawmakers weighed in on proposed FEC regulations for online political advertisements (The Hill).

 

RUSSIAN INTERFERENCE

Donald Trump Jr. communicated via private message on Twitter with WikiLeaks during the 2016 campaign; those communications were provided by Trump Jr. to Congressional committees investigating Russian interference (NYT, The Hill, WSJ, Ars Technica, Politico).

  • Just Security has the full text of the exchanges here.
  • Vice President Mike Pence denied knowledge of the communications (LA Times).

Attorney General Jeff Sessions will testify on Tuesday before the House Judiciary Committee and provide an update on the investigation into Russian interference (The Hill, LA Times).

 

 


Daily Update | December 23, 2019

12/23/19  //  Daily Update

Speaker of the House Nancy Pelosi and Senate Majority Leader Mitch McConnell seek to leverage uncertainties in the rules for impeachment to their advantage. White House officials indicated that President Trump threatened to veto a recent spending bill if it included language requiring release of military aid to Ukraine early next year. The DHS OIG said that it found “no misconduct” by department officials in the deaths of two migrant children who died in Border Patrol custody last year. And the FISA court ordered the Justice Department to review all cases that former FBI official Kevin Clinesmith worked on.

Emily Morrow

Harvard Law School

Daily Update | December 20, 2019

12/20/19  //  Daily Update

Speaker Nancy Pelosi indicated the House will be “ready” to move forward with the next steps once the Senate has agreed on ground rules, but the House may withhold from sending the articles to the Senate until after the new year. Commentary continues about the Fifth Circuit's mixed decision on the status of the ACA.

Emily Morrow

Harvard Law School

Daily Update | December 19, 2019

12/19/19  //  Daily Update

The House of Representatives voted to impeach President Trump. Some Democrats urge House leaders to withhold the articles to delay a trial in the Senate. Meanwhile, the Fifth Circuit issues an inconclusive decision about the future of the ACA, and DHS and DOJ proposed a new rulemaking to amend the list of crimes that bar relief for asylum seekers.

Emily Morrow

Harvard Law School