Abigail DeHart  //  11/14/18  //  Daily Update


Acting Attorney General Matthew Whitaker consulted with ethics officials about possibly recusing himself from overseeing the Special Counsel’s Russia investigation. The State of Maryland asked a federal court judge to declare that the appointment of acting Attorney General Matthew Whitaker was illegal. President Trump’s threat to restrict birthright citizenship has troubling historical precedent in the United States. CNN sued President Trump and several of his aides, seeking the immediate restoration of chief White House correspondent Jim Acosta's access to the White House. President Trump told advisors he is preparing to remove Kirstjen Nielsen as DHS secretary.

 

TRUMP: INVESTIGATIONS AND LITIGATION

Acting Attorney General Matthew Whitaker consulted with ethics officials about possibly recusing himself from overseeing the Special Counsel’s Russia investigation (Politico).

President Trump’s firing of Attorney General Jeff Sessions brings the country closer to a constitutional crisis, contends Amy Davidson Sorkin at the New Yorker.

There is an open question about whether challenges to the Whitaker appointment are valid, writes Andy Grewal at Yale Journal on Regulation.

 

IMMIGRATION

President Trump has manufactured fears and exaggerated responses to justify his immigration policies, but this leads to the erosion of the rule of law, argues the Editorial Board of the New York Times.

President Trump’s threat to restrict birthright citizenship has troubling historical precedent in the United States, write Neil Weare and Sam Erman at Take Care.

 

DEMOCRACY

CNN sued President Trump and several of his aides, seeking the immediate restoration of chief White House correspondent Jim Acosta's access to the White House (CNN; LATimes).

  • An analysis of the constitutionality of President’s actions can be found here.

 

RULE OF LAW

President Trump told advisors he is preparing to remove Kirstjen Nielsen as DHS secretary (WaPo; NYTimes).

Special Counsel Robert Mueller is a sterling counterexample at a time when the Trump Administration shows contempt for rule-of-law norms and institutional limits, writes Bob Bauer at Lawfare.

 

CHECKS & BALANCES

The State of Maryland asked a federal court judge to declare that the appointment of acting Attorney General Matthew Whitaker was illegal (WaPo; NYTimes).

 


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