Jacqueline Sahlberg, Ian Eppler  //  10/24/17  //  Daily Update

Experts say Trump’s Voter Fraud Commission may not be able to secure voter data. President Trump unsuccessfully attempted to secure the arrest of Guo Wengui, an exiled Chinese billionaire living in the United States, after Steve Wynn, a businessman and Trump donor with ties to the Chinese government, hand-delivered a letter from the Chinese government to President Trump requesting Guo’s arrest. The Department of the Treasury issued a report criticizing the Consumer Financial Protection Bureau’s forced arbitration rule. The House Intelligence Committee will interview Brad Parscale, digital director of President Trump’s 2016 campaign, as part of its investigation into Russia’s influence operation on social media.

IMMIGRATION

Rational basis, not strict scrutiny, is the proper standard for reviewing Travel Ban cases, writes Josh Blackman at Lawfare.

Despite President Trump’s promises to build a wall, neither the Department of Homeland Security nor the U.S. Customs and Border Protection agency has requested border wall funding (Project on Government Oversight).

DEMOCRACY 

Experts say Trump’s Voter Fraud Commission may not be able to secure voter data (ProPublica, Mother Jones).  

Illinois voter rights advocates and lawmakers are asking the state to leave the multistate voter database (Chicago Tribune).

Democrats on the Voter Fraud Commission are questioning what the panel is doing and when it will meet (WaPo).

CONFLICTS OF INTEREST

President Trump unsuccessfully attempted to secure the arrest of Guo Wengui, an exiled Chinese billionaire living in the United States, after Steve Wynn, a businessman and Trump donor with ties to the Chinese government, hand-delivered a letter from the Chinese government to President Trump requesting Guo’s arrest (WSJ).

• The timeline of the incident raises questions regarding the Trump administration’s role, writes Garrett Hinck at Lawfare.

The definition of “emolument” adopted by DOJ in ongoing emoluments clause litigation is confusing, suggests Andy Grewal at Notice and Comment.

REGULATION

In a tweet, President Trump promised no changes to 401(k) contribution limits in proposed tax reform legislation (NYTimes, Politico).

The Department of the Treasury issued a report criticizing the Consumer Financial Protection Bureau’s forced arbitration rule (The Hill).

The EPA’s regulations for its scientific advisory boards do not sufficiently protect against conflicts of interest, argues Romany Webb at Climate Law Blog.

Protests occurred at a Rhode Island conference on climate change after the EPA blocked two of its scientists from presenting (WaPo).

The EPA intends to repeal emissions regulations for trucks (WaPo).

Iowa has borne the brunt of the disruption in the health care market caused by the failed attempts to repeal the Affordable Care Act, reports Paul Demko in Politico.

REMOVAL FROM OFFICE

While objective criteria may serve as a guide, 25th Amendment removal is ultimately up to the discretion of Cabinet members, and invoking the 25th Amendment may ultimately damage American institutions, writes Matthew Kahn at Lawfare.  

Impeachment should be limited to abuses of power, not private misconduct, argues Cass Sunstein (in conversation with Ryan Goodman) at Just Security.

But impeachment is a viable option for a president who violates governing norms, not just specific laws, suggests Barbara Radnofsky in the Washington Post.

RUSSIAN INTERFERENCE

Facebook should disclose the full extent of Russian influence operations to individual users who were targeted, argue Ryan Goodman and Justin Hendrix at Just Security.

The House Intelligence Committee will interview Brad Parscale, digital director of President Trump’s 2016 campaign, as part of its investigation into Russia’s influence operation on social media (WSJ).

Congressional investigations into Russian interference are being bogged down in partisan politics, writes Nicholas Fandos in the New York Times.

The United States revoked the visa of Bill Browder, a prominent critic of Vladimir Putin’s government and supporter of the Magnitsky Act.

• The controversial 2016 meeting between Donald Trump, Jr. and individuals associated with the Russian government allegedly involved discussion of Magnitsky Act repeal (NPR).

Special Counsel Robert Mueller is investigating the lobbying firm run by Tony Podesta, brother of Hillary Clinton campaign chairman John Podesta, due to alleged involvement in lobbying on behalf of Russian-backed interests in Ukraine (NBC).

Ty Cobb, President Trump’s outside counsel for the Russia investigation, has been able to prevent President Trump from engaging in further public comments about the investigation (Politico).

A bipartisan bill would impose disclosure requirements on online political advertising, but some are skeptical of the proposal’s efficacy (Ars Technica).

• The bill is incomplete, but a good start, argues the Bloomberg View editorial board.