Hetali Lodaya  //  10/2/19  //  Daily Update

DOJ is joining the president in suing the Manhattan District Attorney’s Office after DA Cyrus Vance subpoenaed the president’s tax returns. The New York AG and Brooklyn DA are suing ICE over courthouse arrests. A federal judge has issued a preliminary injunction blocking a California law requiring presidential candidates to release tax returns. The D.C. Circuit upheld most of the FCC's net neutrality repeal but ruled that the FCC cannot summarily preempt state net neutrality rules. The Inspector General of the Intelligence Community has issued a statement responding to allegations from President Trump that the whistleblower reporting form changed recently to remove a “first hand knowledge” requirement. Citizens for Responsible Ethics in Washington (CREW) has asked a judge for a TRO preventing the president from claiming records of communication with foreign leaders are privileged. The House Judiciary Committee has filed their reply brief asking a judge to release certain grand jury materials from the Mueller investigation, arguing they may be relevant to the Ukraine inquiry.

TRUMP: INVESTIGATIONS AND LITIGATION

The lower courts have struck down many of President Trump’s initiatives, but the Supreme Court is set to look at some crucial ones, writes Brett Kent at WSJ.

Michael Flynn has changed his defense strategy to allege prosecutorial misconduct. (The Hill)

The U.S. Attorney’s Office is joining the president in suing the Manhattan District Attorney’s Office after he subpoenaed the president’s tax returns. (The Hill)

The Constitution does not protect the president from impeachment regarding national security or foreign relations actions, write Lawrence Friedman and Victor Hansen at Just Security. 

IMMIGRATION

The New York AG and Brooklyn DA are suing ICE over courthouse arrests. (ImmigrationProfBlog)

• The complaint is here.

CIVIL RIGHTS

A federal judge temporarily blocked Georgia’s new abortion law. (The Hill)

A federal judge upheld Harvard's affirmative action program. (The Hill)

DEMOCRACY

The government routinely holds information from criminal defendants on what kind of surveillance techniques are being used against them, write Brett Max Kaufman and Patrick C. Toomey at Just Security.

A federal judge has issued a preliminary injunction blocking a California law requiring presidential candidates to release tax returns. (The Hill)

• The opinion is here.

REGULATION

The D.C. Circuit upheld most of the FCC's net neutrality repeal but ruled that the FCC cannot summarily preempt state net neutrality rules. (ArsTechnica)

• The opinion is here.

REMOVAL FROM OFFICE

The Inspector General of the Intelligence Community has issued a statement responding to allegations from President Trump that the whistleblower reporting form changed recently to remove a “first hand knowledge” requirement. (The Hill)

• The statement is  here.
• The Washington Post has a fact check of the president’s claim here.
• The whistleblower’s attorneys have also issue a response here. 

Rudy Guiliani’s work in Ukraine likely does not violate the Appointments Clause, argues Ryan Scoville at Lawfare.

Citizens for Responsible Ethics in Washington (CREW) has asked a judge for a TRO preventing the president from claiming records of communication with foreign leaders are privileged. (The Hill)

RUSSIAN INTERFERENCE

The House Judiciary Committee has filed their reply brief asking a judge to release certain grand jury materials from the Mueller investigation, arguing they may be relevant to the Ukraine inquiry. (Lawfare)