Nicandro Iannacci  //  10/4/18  //  Daily Update

In the final hours of the FBI investigation into accusations against Supreme Court nominee Brett Kavanaugh, criticism of the probe’s limited scope continued to grow. Reporting indicates that only six witnesses were interviewed and that other witnesses who wished to speak to the FBI were rebuffed or ignored. Following a New York Times report on the Trump family’s tax history, New York State tax officials have opened an investigation into the matter. Following an ICJ ruling ordering the U.S. to allow humanitarian trade with Iran, the Trump administration announced that it will terminate the 1955 Treaty of Amity with Iran. Three new DHS reports about Countering Violent Extremism (CVE) programs suggest that they are targeting minority populations and expanding in scope under the Trump administration. DOE Secretary Betsy DeVos said she will balance the rights of accusers and the accused in setting new rules governing sexual assault allegations on university campuses.

TRUMP: INVESTIGATIONS & LITIGATION

In the final hours of the FBI investigation into accusations against Supreme Court nominee Brett Kavanaugh, criticism of the probe’s limited scope continued to grow (WaPo, WSJ, Politico).

• Reporting indicates that only six witnesses were interviewed and that other witnesses who wished to speak to the FBI were rebuffed or ignored. (WaPo, NBC News)
• There are 30 people the FBI should speak to, argue Norman Eisen, Asha Rangappa, and Kristin Amerling at Just Security.
• Democrats should do as the GOP does and speak out publicly and critically against the FBI, argues Matthew Miller at Politico.

Senator Jeff Merkley (D-Ore.) asked a federal court for an immediate order requiring the disclosure of details about withheld documents related to Kavanaugh’s time in the George W. Bush administration (Politico).

• The senator’s motion is here. 

Offering no evidence, House Republicans say a closed-door interview with former FBI General Counsel James Baker suggests bias in the FBI’s investigation into the Trump campaign’s alleged ties to Russia (WaPo).

Following a New York Times report on the Trump family’s tax history, New York State tax officials have opened an investigation into the matter (Politico).

• However, President Trump is unlikely to suffer any consequences (Politico).

DEMOCRACY

The DOJ asked the Supreme Court to stay the order of a federal judge requiring Commerce Secretary Wilbur Ross and Acting DOJ Civil Rights Division chief John Gore to sit for a deposition in litigation over the inclusion of a citizenship question on the 2020 Census (The Hill, SCOTUSblog).

• The DOJ’s stay application is here.
• Steven Dillingham, President Trump’s nominee to lead the Census Bureau, told senators that courts will resolve the citizenship question debate and declined to offer his own opinion (The Hill).

Once again, President Trump threatened to sue The New York Times, and once again, don’t count on it happening or succeeding, writes Paul Farhi at The Washington Post.

The Trump administration’s suggestion that it may use antitrust law to address alleged bias on social media platforms is dangerous and undermines the First Amendment, argues Stephen Houck at The Hill.

JUSTICE & SAFETY

Following an ICJ ruling ordering the U.S. to allow humanitarian trade with Iran, the Trump administration announced that it will terminate the 1955 Treaty of Amity with Iran (WaPo, LAT).

• The ICJ’s order is here.

Three new DHS reports about Countering Violent Extremism (CVE) programs suggest that they are targeting minority populations and expanding in scope under the Trump Administration (Just Security).

• The reports are here.

Senator Tim Kaine (D-Va.) asked the DOD to explain its understanding of the military doctrine of “collective self-defense” (WaPo).

• The senator’s request is here.

CONFLICTS OF INTEREST

A federal judge’s ruling last Friday that plaintiffs have standing in a Foreign Emoluments Clause suit against President Trump is a watershed moment in anti-corruption efforts, writes Brian Frazelle at Take Care.

The cancellation of a long-planned relocation of FBI headquarters may have been motivated by potential competition with one of President Trump’s hotel properties, writes Linnaea Honl-Stuenkel for CREW.

REGULATION

Controversial remarks about race by a Trump-appointed CFPB official have roiled the agency (NYT, The Hll).

A group of cities will sue the FCC over its preemption of local rules on 5G equipment and fees (Ars Technica). 

The EPA did not include its own top science officials in its proposal of a new rule governing the use of scientific studies in making policy (WaPo).

DOE Secretary Betsy DeVos said she will balance the rights of accusers and the accused in setting new rules governing sexual assault allegations on university campuses (WaPo). 

The DOE will miss a self-imposed deadline to replace an Obama-era rule governing loans from for-profit colleges and universities (WaPo). 

The DOE will also investigate whether a Georgia school district’s policy allowing transgender students to use the restroom consistent with their gender identity lead to the sexual assault of a five-year-old girl (Politico). 

The DOJ’s attack on the administrative state could actually be good for progressive regulation, argues Michael Dorf at Verdict.

CHECKS & BALANCES

If Democrats recapture the House, the president’s tax returns will be a likely target of investigation (WSJ).

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