Nicandro Iannacci  //  10/11/18  //  Daily Update


FBI Director Christopher Wray said that the White House put limits on the FBI’s investigation into accusations against Supreme Court Justice Brett Kavanaugh, but defended the investigation as consistent with prior similar investigations. In a lawsuit over material obtained illegally from the DNC and published by Wikileaks, the Trump campaign is arguing that it had a First Amendment to publish the material. Supreme Court Justice Ruth Bader Ginsburg halted the depositions of two Trump administration officials in a lawsuit over the 2020 Census before they were scheduled to take place this week. Secretary of Homeland Security Kirstjen Nielsen and FBI Director Christopher Wray said that China is trying to influence American public opinion ahead of the midterm elections, but that there have been no attempts to attack election infrastructure. In a first, a Chinese spy was extradited to the United States and charged with economic espionage.

 

TRUMP: INVESTIGATIONS & LITIGATION

FBI Director Christopher Wray said that the White House put limits on the FBI’s investigation into accusations against Supreme Court Justice Brett Kavanaugh, but defended the investigation as consistent with prior similar investigations (NYT, WaPo, WSJ, LAT, Politico). 

In a lawsuit over material obtained illegally from the DNC and published by Wikileaks, the Trump campaign is arguing that it had a First Amendment to publish the material (Lawfare).

  • The motion to dismiss is here.
  • Floyd Abrams analyzes the key issues at Just Security.

Special Counsel Robert Mueller is investigating the ties between the late Republican fundraiser and activist Peter W. Smith, who tried to obtain former Secretary of State Hillary Clinton’s stolen emails, and former Trump National Security Adviser Michael Flynn (WSJ).

In the early days of the Mueller probe, Deputy Attorney General Rod Rosenstein and then-Acting FBI Director Andrew McCabe urged each other to withdraw from the case, signaling distrust between the DOJ and FBI (WaPo).

 

DEMOCRACY

Supreme Court Justice Ruth Bader Ginsburg halted the depositions of two Trump administration officials in a lawsuit over the 2020 Census before they were scheduled to take place this week (SCOTUSblog, Politico).

  • Justice Ginsburg’s stay of the Second Circuit is here.

Secretary of Homeland Security Kirstjen Nielsen and FBI Director Christopher Wray said that China is trying to influence American public opinion ahead of the midterm elections, but that there have been no attempts to attack election infrastructure (The Hill).

 

JUSTICE & SAFETY 

President Trump spoke recently to Attorney General Jeff Sessions’ chief of staff about replacing Sessions (WaPo).

In a first, a Chinese spy was extradited to the United States and charged with economic espionage (NYT, WaPo, WSJ).

  • The indictment and complaint are here.

President Trump said “we’ll get to the bottom of” the disappearance of Saudi journalist Jamal Khashoggi (Politico).

Ryan Goodman wonders at Just Security if the U.S. failed its “duty to warn” Khashoggi of an imminent threat.

 

CONFLICTS OF INTEREST

William N. Bryan, President Trump’s nominee for DHS Under Secretary for Science and Technology, is drawing scrutiny for his ties to Ukrainian energy companies (NYT).

 

REGULATION

The DOJ approved a $69 billion merger between CVS Health and Aetna (NYT).

The Trump administration plans to waive nearly 30 environmental laws in Texas in order to expedite construction of a border wall (LAT). 

The FCC plans to enlarge licensing areas ahead of an upcoming spectrum auction, making it harder for smaller companies to compete (Ars Technica).

The Treasury Department issued rules requiring foreign investors in deals involving critical U.S. technology to submit to national-security reviews or face fines (WSJ).

 

CHECKS & BALANCES

A bipartisan group of senators sent a letter to Secretary of State Mike Pompeo expressing concerns about the Trump administration’s support for the Saudi-backed coalition in Yemen (WSJ).

President Trump has weakened cooperation among the three branches, writes Andy Wright at Just Security.

 

REMOVAL FROM OFFICE

Deputy Attorney General Rod Rosenstein will not make a previously scheduled appearance before the House Judiciary Committee to answer questions about reports that he secretly recorded President Trump (CNN, WaPo, WSJ).

 

RUSSIAN INTERFERENCE

California man Richard Pinedo was sentenced to six months in prison for selling stolen bank account information that helped Russia interfere in the 2016 election (NYT, WaPo, WSJ, Politico).

 


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