Mackenzie Walz  //  11/9/18  //  Daily Update

After months of investigation, the Special Counsel’s team has begun writing its final report. Were he not to recuse himself, there are several things the acting Attorney General, Matt Whitaker, could legally do to slow down or stop the Special Counsel investigation. The Ninth Circuit Court of Appeals upheld a lower court temporary order, blocking the Trump Administration from ending the DACA program. The Trump Administration has been using videoconferencing to conduct some of the immigration hearings for detained migrant children, which some argue obscures these hearings from the public and poses due process concerns. The HHS Department finalized a rule that will allow certain employers to deny contraception coverage to employees based on moral and religious grounds.

TRUMP: INVESTIGATIONS & LITIGATION

After months of investigation, the Special Counsel’s team has begun writing its final report (CNN, The Hill).

Were he not to recuse himself, there are several things the acting Attorney General, Matt Whitaker, could legally do to slow down or stop the Special Counsel investigation, argue Ryan Goodman and Alex Whiting at Just Security.

• It appears as though Whitaker has no intentions of recusing himself (WaPo, CNN).
• Stephen Gillers and Ryan Goodman argue that, due to previous comments, Whitaker should recuse himself.

The US Court of Appeals for the DC Circuit heard a challenge to the constitutionality of the Special Counsel’s appointment (WaPo).

IMMIGRATION

The Ninth Circuit Court of Appeals upheld a lower court temporary order, blocking the Trump Administration from ending the DACA program (Politico, CNN).

The Trump Administration has been using videoconferencing to conduct some of the immigration hearings for detained migrant children, which some argue obscures these hearings from the public and poses due process concerns (WaPo).

DOJ and DHS issued a joint rule amending asylum eligibility, declaring that migrants who cross the southern border of the United States between ports of entry are ineligible to claim asylum (NYT).

• The statement can be read here and the final rule can be read here.
• President Trump is expected to sign a directive declaring which migrants are subject to this rule (The Hill).

DEMOCRACY

The National Press Club rebuked President Trump’s attacks on the press, referring to the free and independent press as “one of the primary checks on this president” (The Hill).

JUSTICE & SAFETY

The Administration imposed additional sanctions on Russia for human rights violations and illegal economic activity in Crimea (Politico).

REGULATION

The HHS Department finalized a rule that will allow certain employers to deny contraception coverage to employees based on moral and religious grounds (Politico).

RULE OF LAW

President Trump’s appointment of Matt Whitaker as the acting Attorney General violates the constitutional requirement that principal officers be confirmed by the Senate, argue Neal Katyal and George Conway III at the New York Times.

• Writing for Lawfare, John Bies discusses some of the constitutional and statutory implications of President Trump’s appointment.

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