Nicandro Iannacci, Mackenzie Walz  //  10/18/18  //  Daily Update


White House Counsel Donald McGahn resigned his post. The number of migrant families crossing the border reached record levels in the last three months, leading President Trump to call for a reinstatement of the family separation policy. The U.S. received $100 million in Syrian stabilization support from Saudi Arabia on Tuesday, raising questions about the timing of the transfer in light of the disappearance of journalist Jamal Khashoggi. The Trump administration plans to withdraw from the 144-year-old Universal Postal Union Treaty, which allows Chinese companies to ship small packages to the U.S. at a heavily discounted rate. The White House revealed its Unified Agenda, proposing additional deregulation and predicting a decrease between $120 and $340 billion in regulatory costs by the end of fiscal year 2019. A senior Treasury Department employee was charged with leaking confidential financial reports, some of which related to the Special Counsel’s investigation into Russian interference.

 

TRUMP: INVESTIGATIONS & LITIGATION

White House Counsel Donald McGahn resigned his post (NYT, Politico). 

Prosecutors said they are prepared to drop several outstanding charges against former Trump campaign chairman Paul Manafort and proceed to sentencing in Virginia (WaPo, Politico).

Former Trump attorney Michael Cohen met with officials in the New York Attorney General’s office who are investigating the president’s family business and charity (CNN).

 

IMMIGRATION 

The number of migrant families crossing the border reached record levels in the last three months, leading President Trump to call for a reinstatement of the family separation policy (WaPo). 

The DOJ vowed to appeal a DACA case to the Supreme Court if the Ninth Circuit does not rule on it by October 31 (Lyle Denniston Law News).

 

DEMOCRACY

The Secret Service is investigating an incident in which an agent blocked a reporter from questioning White House senior adviser and Trump son-in-law Jared Kushner (WaPo).

It’s a good thing that Stormy Daniels lost her defamation lawsuit against President Trump, writes Emerson Sykes for the ACLU.

 

JUSTICE & SAFETY

The U.S. received $100 million in Syrian stabilization support from Saudi Arabia on Tuesday, raising questions about the timing of the transfer in light of the disappearance of journalist Jamal Khashoggi (NYT, WaPo).

  • The Trump administration missed a crucial opportunity to take a stand against Saudi Arabia this summer, writes Aryeh Neier at Just Security.

President Trump’s tweets may have encouraged prosecutors to pursue the death penalty against Manhattan terrorist Sayfullo Saipov, writes Jessica Marsden at Lawfare

The Trump administration plans to withdraw from the 144-year-old Universal Postal Union Treaty, which allows Chinese companies to ship small packages to the U.S. at a heavily discounted rate (NYT, WSJ, Politico).

  • Chimène Keitner explores the consequences of the Trump administration’s treaty withdrawals at Just Security

The administration also notified Congress that it plans to pursue a series of bilateral trade deals in an effort to pressure China (NYT).

Citing its own data, the DOJ announced that it charged the largest number of violent crime and firearm defendants in its history in Fiscal Year 2018 (Sentencing Law and Policy).

 

REGULATION

Several environmental law professors commented on the Trump Administration’s proposed changes to regulations implementing the Endangered Species Act (Legal Planet).

Step Therapy, a treatment plan under consideration by the Trump Administration that would require doctors to begin patient treatment by using the cheapest medication, is the wrong approach for seniors, argues Representative Erik Paulsen at The Hill.

After the Administration reported a six-year high budget deficit, President Trump requested his federal department heads to cut their budgets for the following year by 5% (WSJ, Politico).

The Trump Administration found that Prudential Financial, one of the nation’s largest insurance companies, no longer needs strict federal oversight (WaPo). 

The EPA announced it is postponing any final announcement on the proposed transparency in regulatory science rule for at least one year (WaPo). 

The Trump Administration’s focus on deregulation has “contributed to the incredible economic boom” by reducing regulatory costs by 23 billion dollars, argues Neomi Rao, administrator of the Office of Information and Regulatory Affairs in the OMB. 

  • You can view the 2018 Regulatory Reform Report here.
  • Alex Guillen at Politico argues the net benefits of deregulation may not be as significant as the Administration claims.

The White House revealed its Unified Agenda, proposing additional deregulation and predicting a decrease between $120 and $340 billion in regulatory costs by the end of fiscal year 2019 (Politico).

  • You can view the Unified Agenda here.

 

RULE OF LAW

Attorney General Jeff Sessions argued that the New York District Court Judge’s decision to allow the deposition of Commerce Secretary Wilbur Ross as to the purpose behind adding the citizenship question on the 2020 census is inappropriate and contradicts statutory provisions (Election Law Blog).

 

CHECKS & BALANCES

During remarks at the University of Minnesota Law School, Chief Justice John Roberts reassured the nation that the judicial branch serves “one nation” and will remain as an independent check on the political branches (NPR).

 

RUSSIAN INTERFERENCE

A senior Treasury Department employee was charged with leaking confidential financial reports, some of which related to the Special Counsel’s investigation into Russian interference (Politico, WaPo).

  • You can view the complaint here.

Deputy Attorney General Rod Rosenstein defended the Special Counsel’s investigation as “appropriate and independent,” pointing to the fact the investigation has already revealed a wide range of Russian efforts to meddle in the 2016 election (WSJ, The Hill).

 


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