Nicandro Iannacci  //  11/5/18  //  Daily Update

A federal judge in Maryland denied the Trump administration’s request to put discovery on hold in an Emoluments Clause lawsuit. The first trial regarding the inclusion of a citizenship question on the 2020 Census will begin in New York on Monday after the Supreme Court denied the Trump administration’s request for a stay. Economic sanctions will be re-imposed on Iran today. Cesay Sayoc, the man alleged to have sent pipe bombs to Democrats and other public figures across the country, will remain in custody until he is transferred to New York for trial. At the SEC and DOJ, there has been a sharp decline in financial penalties against banks and businesses accused of illegality. Federal and state officials are guarding against Russian interference in the midterm elections, with a wary eye to a greater threat in 2020.

TRUMP: INVESTIGATIONS & LITIGATION

A federal judge in Maryland denied the Trump administration’s request to put discovery on hold in an Emoluments Clause lawsuit (NYT, WaPo, The Hill).

The First Amendment is not a defense to illegal coordination among the Trump administration, Russia, and Wikileaks, write Bob Bauer and Ryan Goodman at Just Security.

• Dan Froomkin replies at Just Security, suggesting their argument would pose a danger to press freedom.

A newly disclosed ethics waiver for Solicitor General Noel Francisco suggests he may replace Deputy Attorney General Rod Rosenstein as overseer of the Russia investigation (CREW).

• The waiver is here.

IMMIGRATION

According to the administrator of USAID, the Trump administration has not yet cut off aid to Guatemala, Honduras, and El Salvador in response to the migrant caravan (NYT).

U.S. militia groups are heading to the border in response to President Trump’s concerned rhetoric regarding the caravan (WaPo).

• Despite the president’s rhetoric and deployment of personnel to the border, military planners believe only about 20 percent of the caravan will reach the U.S. (WaPo).

President Trump’s proposal to end birthright citizenship is part of an “unlawful war on immigrant diversity” that must end, writes Kevin Johnson at Immigration Prof Blog.

DEMOCRACY

The first trial regarding the inclusion of a citizenship question on the 2020 Census will begin in New York on Monday after the Supreme Court denied the Trump administration’s request for a stay (NYT, WaPo, WSJ, The Hill, SCOTUSblog, Lyle Denniston Law News).

• NPR traces how the citizenship question ended up in the courts.

According to a study commissioned by the U.S. Census Bureau, the inclusion of a citizenship question may pose a “major barrier” to full participation (NPR). 

• The study is here.
• The New York Times reveals the process behind the Trump administration’s decision to include the question.

JUSTICE & SAFETY

Economic sanctions will be re-imposed on Iran today (NYT, WaPo, WSJ, LAT). 

• However, the U.S. granted eight country waivers for the importation of Iranian oil (WaPo).
• Secretary of State Mike Pompeo argues that the sanctions will change Iran’s behavior (WaPo).

The Trump administration is waiting to see the results of a Saudi Arabian investigation into the killing of Jamal Khashoggi before deciding how to respond (WaPo).

Cesay Sayoc, the man alleged to have sent pipe bombs to Democrats and other public figures across the country, will remain in custody until he is transferred to New York for trial (WaPo).

Although the Trump administration has been criticized for reducing its support for Countering Violent Extremism (CVE) programs, the decline of CVE is probably for the best, writes Emmanuel Mauleón at Just Security.

REGULATION 

At the SEC and DOJ, there has been a sharp decline in financial penalties against banks and businesses accused of illegality (NYT). 

An Oregon lawsuit over the federal government’s response to climate change will continue after the Supreme Court denied the Trump administration’s request for a stay (NYT, WaPo, WSJ, Lyle Denniston Law News).

The NLRB’s proposed rule on joint-employer liability weakens the current standard and will harm workers, writes Karla Walter at The Hill.

RUSSIAN INTERFERENCE 

Federal and state officials are guarding against Russian interference in the midterm elections, with a wary eye to a greater threat in 2020 (WaPo).

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