Jeffrey Stein, Ian Eppler  //  11/20/17  //  Daily Update


Justice Department officials are preparing to announce several cases against Iranian suspects. Attorney General Jeff Sessions issued a new policy forbidding the Department of Justice from imposing new rules via guidance letters. Frustrated with the Trump administration, foreign leaders are attempting to build relationships with state-level Democrats on issues such as climate change.

 

IMMIGRATION

The Department of Homeland Security should extend the temporary protected status that was granted to 50,000 Haitian after a 2010 hurricane, argues the New York Times Editorial Board.

A contingent of immigration law professors has submitted an amicus brief in favor of the plaintiffs in IRAP v. Trump, the Fourth Circuit’s consideration of the third Trump Administration travel ban (ImmigrationProf Blog).

 

JUSTICE & SAFETY

A study group at Columbia University’s Saltzman Institute of War and Peace Studies has outlined a proposal for constraining President Trump’s authority to initiate use of nuclear weapons (Lawfare).

Justice Department officials are preparing to announce several cases against Iranian suspects, including charges arising out of a hack of HBO, reports Devlin Barett in the Washington Post.

 

REGULATION

Attorney General Jeff Sessions issued a new policy forbidding the Department of Justice from imposing new rules via guidance letters (The Hill).

In a tweet, President Trump reversed a proposal to lift restrictions on elephant trophy imports (Politico).

The Department of Justice’s Antitrust Division is likely to sue to block the proposed merger between AT&T and Time Warner. The move raises questions, given allegations that President Trump sought to force the divestiture of CNN in the merger due to his distaste for its coverage (The Hill).

 

CHECKS & BALANCES 

President Trump added five judges--Amy Coney Barrett of the 7th Circuit; Britt Grant of the Georgia Supreme Court; Brett Kavanaugh of the D.C. Circuit; Kevin Newsom of the 11th Circuit; and Patrick Wyrick of the Oklahoma Supreme Court--to his list of Supreme Court candidates (NYTimes, Politico).

White House Counsel Don McGahn criticized rumors that the Trump administration had “outsourced” judicial selection to the Federalist Society (The Hill).

 

FEDERALISM 

Frustrated with the Trump administration, foreign leaders are attempting to build relationships with state-level Democrats on issues such as climate change, report Michael Birnbaum and Greg Jaffe in the Washington Post.

 

REMOVAL FROM OFFICE

Criminalizing the president’s removal of an executive branch official, regardless of the reason for doing so, may violate the separation of powers, argues Andy Grewal at Notice & Comment.

 

RUSSIAN INTERFERENCE

Rob Goldstone, a British publicist who helped to arrange a meeting between Donald Trump, Jr. and individuals tied to the Russian government offering information on Hillary Clinton, will likely be interviewed by Special Counsel Mueller in the near future (NBC News).

The Senate Judiciary Committee’s strongly worded letter to Jared Kushner’s counsel over inadequate document production reflects bipartisan distaste for attempts to evade Congressional oversight, argues Andy Wright at Just Security.

White House aides are increasingly divided and concerned regarding the risks of the Special Counsel investigation, report Ashley Parker and Carol Leonnig in the Washington Post.

Special Counsel Mueller may have contacted Republican Congressional aides as part of an investigation into changes made to the 2016 Republican platform on Russia (Politico).

 


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