//  10/31/17  //  Daily Update

Paul Manafort, former chairman of the Trump campaign, and Rick Gates, Manafort’s business associate and fellow campaign official, were indicted on 12 counts, including charges of money laundering and tax fraud. George Papadopoulos, a foreign policy advisor to the Trump campaign, pleaded guilty on charges of making false statements to the FBI regarding contacts with Russian nationals. A federal judge blocked the Trump Administration from enforcing its military transgender ban, ruling that the policy appeared to be rooted solely in a desire to express disapproval of transgender people. Secretary of Defense Mattis and Secretary of State Tillerson that Congress did not need to pass a new authorization for the use of military force. More than 50% of Senate-confirmed appointees in the Trump Administration have some notable conflict of interest.

MUELLER INVESTIGATION

Paul Manafort, former chairman of the Trump campaign, and Rick Gates, Manafort’s business associate and fellow campaign official, were indicted on 12 counts, including charges of money laundering and tax fraud (NYT, WaPo, WSJ, LA Times, Politico).

• A copy of the complaint is available here.
• The indictment grew out of records obtained in the search of Manafort’s home that had previously been concealed from investigators, reports Michael Isikoff.
• The Washington Post examines Gates’ background.
• Lawfare writes that the charges are just Mueller’s opening salvo.
• John Reed looks at what Manafort’s indictment says about Russian election interference.
• The charges against Manafort and Gates are bad news for President Trump, write Norm Eisen, Noah Bookbinder, and Barry Berke.
• This prosecution could be the most significant ever under the Foreign Agents Registration Act, writes the Atlantic.
• Mark Greenberg and Harry Litman examine whether President Trump could pardon Manafort of crimes charged by the Mueller investigation.
• Manafort likely could have continued his money laundering activities without legal jeopardy had he not joined the Trump campaign, writes Ken Vogel.

George Papadopoulos, a foreign policy advisor to the Trump campaign, pleaded guilty on charges of making false statements to the FBI regarding contacts with Russian nationals (NYT, WaPo, WSJ, LA Times, Politico).

• Read the court documents here, including the criminal information, plea agreement and statement of the offense.
• The transcript of the arraignment/plea agreement hearing can be found here.
• The New York Times analyzes the special counsel’s case against Papadopoulos.
• New information in Papadopoulos’ plea agreement changes the timeline for Russian election interference (Business Insider).
• Just Security summarizes the main takeaways from the plea agreement.
• The Washington Post examines Papadopoulos’ background.
• Harry Litman argues Papadopoulos’ plea is more dangerous for Trump than the indictment of Manafort.
• Chris Geidner notes that Papadopoulos’ lawyer hinted at the large scope of the Mueller investigation during the plea agreement hearing.

An unsealed court opinion reveals that prosecutors were able to convince a federal judge to compel an attorney for Manafort and Gates to testify before a grand jury, citing an exception to attorney client privilege (Politico).

• Read the court opinion here.

Tony Podesta, a Democratic lobbyist, announced his resignation from the Podesta Group after the firm was indirectly referenced in the charges against Manafort and Gates regarding work performed on behalf of the Ukrainian government (WaPo, Politico).

Mueller has the authority to name President Trump as an “unindicted co-conspirator,” writes Ryan Goodman at Just Security.

The Mueller investigation is likely to close in further on President Trump’s inner circle, several legal experts tell Politico.

• The announcement of the guilty plea and indictment was intended to send a message, writes the Washington Post.

The White House denied that there discussions about firing Special Counsel Robert Mueller, reported the Washington Post.

• But President Trump is concerned that Mueller’s investigation could move include his family’s personal dealings, reports the AP.

Parallel investigations of Manafort by state and local prosecutors lie outside of President Trump’s power to pardon, writes the New York Times.

Facebook will testify that content produced and circulated by Russian operatives may have reached 126 million users, much more than previously disclosed, reports the Washington Post.

IMMIGRATION

Time can move backwards for immigrants waiting for green cards, writes David Bier.

The ACLU has joined a class-action lawsuit seeking to halt the deportation of Indonesian Christians residing in the U.S. who would face religious persecution if returned to their home country (ACLU).

• Read the complaint here.

CIVIL RIGHTS

DOJ's lack of concern for the timing of an abortion in Garza v. Hargan shows that it cares only about thwarting abortion rights, argues Michael Dorf at Take Care.

The Colorado non-discrimination law at issue in Masterpiece Cakeshop violates the Free Exercise Clause, argue Thomas C. Berg and Douglas Laycock at Take Care. 

A federal judge blocked the Trump Administration from enforcing its military transgender ban, ruling that the policy appeared to be rooted solely in a desire to express disapproval of transgender people, rather than facts (NYT, WaPo, Reuters)

• Read the opinion here.
• Lyle Denniston summarizes the opinion here.
• Samantha Allen notes that the judge cited President Trump’s own words in enjoining the transgender ban.

Oral argument in Ayestas v. Davis indicates that the Supreme Court is likely to reverse the Fifth Circuit’s imposition of a “substantial need” requirement for indigent federal habeas petitioners to be eligible to receive funding for investigative or expert services, writes Steve Vladeck.

DEMOCRACY

Political advertisements on the internet should be held to the same standard as those appearing on radio or television, the LA Times editorializes. 

Many politically active nonprofit organizations and candidates have failed to pay FEC-imposed fines with few consequences, according to the Center for Public Integrity.

The National Voter Registration Act prevents states from removing voters from the rolls for failing to vote in an election, argues David Gans. 

One of President Trump’s nominees to the Eighth Circuit Court of Appeals was deemed “not qualified” by the ABA, reports Politico.

JUSTICE & SAFETY 

Secretary of Defense Mattis and Secretary of State Tillerson that Congress did not need to pass a new authorization for the use of military force (WaPo, Reuters).

• Read a copy of Secretary Tillerson’s testimony here.

U.S. special forces have captured Mustafa al-Imam, a ringleader in the 2012 attack on the U.S. diplomatic compound in Benghazi, reports the New York Times.

• al-Imam will reportedly be tried in civilian court, largely continuing the policy of the Obama Administration, writes the Atlantic.

DOJ officials are struggling with what to do with a U.S. citizen and suspected member of ISIS captured and currently held in Iraq without charges, reports the Washington Post.

• Read the government’s reply brief arguing that the ACLU lacks standing to bring a habeas petition here.

Steps can be taken outside of Washington to save the Joint Comprehensive Plan of Action with Iran, writes Lawfare. 

The Trump Administration should publicly release its revised policy governing the use of lethal force against suspected terrorists outside of active war zones, writes Rita Siemion.

CONFLICTS OF INTEREST

More than 50% of Senate-confirmed appointees in the Trump Administration have some notable conflict of interest, according to a Daily Beast investigation.

REGULATION

The U.S. Chamber of Commerce has tallied 29 deregulatory executive actions taken by the Trump White House, which have led to 100 additional deregulatory executive directives, reports the Wall Street Journal.

CFPB director Richard Cordray wrote a letter to President Trump calling on him to veto Congress’ override of CFPB’s arbitration rule allowing for class-action suits against financial firms, reports Politico.

• A copy of the letter can be found here. 

FCC Chairman Aji Pai is seeking to impose a budget cap on a program that helps the poor access broadband and phone service, reports Ars Technica.

The Labor Department will appeal a court ruling that threw out an Obama-era rule that would have expanded overtime pay to 4 million more people, reports The Hill.

RULE OF LAW

President Trump’s efforts to deflect attention from the Mueller investigation by calling for criminal investigations into his political opponents threatens the rule of law, writes Eli Savit at Take Care.

A military judge will consider President Trump’s comments as mitigating evidence in sentencing Bowe Bergdahl (NYT, WaPo).

• The order rejecting the defendant’s motion to dismiss can be read here.
• Bergdahl appeared on the witness stand to describe his ordeal, reports the Washington Post.

Prosecutors will seek a contempt hearing for three civilian attorneys who resigned over a classified ethical conflict from representing a Guantánamo detainee, after failing to show up in court despite a military judge’s refusal to grant permission to leave the case, reports the Miami Herald.

• David Luban examines the court rules at issue.

CHECKS & BALANCES 

Legislative proposals to protect the Mueller investigation against political interference by the White House appear to have lost momentum, reports Andrew Desiderio.