Kate Berry,  //  10/16/17  //  Daily Update


DOJ plans to assist in the prosecution of a man charged with murdering a transgender teenager in Iowa, reportedly at the urging of Attorney General Jeff Sessions.  DOJ also may implement quotas for immigration judges to evaluate performance.  FCC Commissioner Jessica Rosenworcel denied that media licenses will be revoked because President Trump doesn’t like the coverage outlets generate.

 

IMMIGRATION

DOJ may implement quotas for immigration judges to evaluate performance (ImmigrationProf Blog).

 

CIVIL RIGHTS

DOJ will assist in the prosecution of a man charged with murdering a transgender teenager in Iowa, reportedly at the urging of Attorney General Jeff Sessions (NYTWaPoThe Hill).

 

DEMOCRACY

President Trump’s repeated threats against the press have rarely resulted in action, but they undermine American values, writes Margaret Sullivan at The Washington Post.

Facing of low approval ratings and a stalled agenda, President Trump actively stokes culture wars in the United States, argues Jonathan Easley at The Hill.

President Trump's threats to punish the National Football League in response to athletes kneeling during the national anthem may strengthen a free speech argument in legal action, argues Tracy Jan at The Washington Post.

 

JUSTICE & SAFETY

Ethics rules that prompted the withdrawal of civilian defense counsel in United States v. Nashiri should also compel the withdrawal of military defense counsel, writes David Luban at Just Security.

Iranian Foreign Minister Javad Zarif stated that withdrawal from the Iran nuclear deal would undermine the United States’ credibility in future negotiations (PoliticoL.A. Times).

 

CONFLICTS OF INTEREST

The DOJ could argue that the Foreign Emoluments Clause does not apply to elected officials such as the president, write Josh Blackman and Seth Barrett Tillman (WSJ).

 

REGULATION

FCC Commissioner Jessica Rosenworcel said media licenses won’t be revoked because President Trump doesn’t like the coverage those media outlets generate (The Hill).

President Trump has partially dismantled four of President Obama’s accomplishments through executive action and left further action up to Congress (NYTWaPo).

 

REMOVAL FROM OFFICE

Congress should begin impeachment proceedings if President Trump withdraws emergency assistance while Puerto Rico still needs it, argues Eugene Robinson (WaPo).

A woman who accused President Trump of sexual assault has subpoenaed his campaign for documents about "any woman alleging that Donald J. Trump touched her inappropriately" (The Hill).

 

CHECKS AND BALANCES

The Trump Administration’s agreement that insurance subsidiaries violate the Constitution may open the door to lawsuits over the specifics of how the Executive Branch spends tax dollars (NYT).

 

RUSSIAN INTERFERENCE

The White House is rushing the congressional probe into Russian interference in the election, argues Representative Adam Schiff (WaPo).

A growing number of states are adding taking cybersecurity precautions in response to Russian interference in the 2016 election (NYT).

Special Counsel Robert Mueller’s team interviewed former chief of staff to President Trump, Reince Priebus, for a full day on Friday (WaPo).

Congressional investigators are examining connections between social media and the 2016 election, including connections involving the digital director for President Trump’s campaign (WSJ).

 


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