Caroline Cox  //  10/5/17  //  Daily Update


The Trump Administration’s phase-out of the Deferred Action for Childhood Arrivals program begins on Thursday night. New York prosecutors were close to charging Ivanka Trump and Donald Trump, Jr. with felony fraud in 2012, and the timeline suggests that political donations to the district attorney helped thwart the indictments. The EPA will soon announce its proposed repeal of the Clean Power Plan, President Obama’s major climate change regulation. Senate Intelligence Committee leaders also announced their conclusion that Russia interfered in the 2016 elections.

 

IMMIGRATION

The second travel ban's reference to "honor killings" displayed anti-Muslim animus that must be affirmatively cured in order for the third travel ban to be valid, explains Sarah Mahmood (Take Care).

The Trump Administration’s phase-out of the Deferred Action for Childhood Arrivals program begins on Thursday night (LA Times).

 

JUSTICE & SAFETY

The general overseeing disaster relief in Puerto Rico announced his plans to increase hospital access as more troops arrive to the island (WaPo).

The White House has stepped back from President Trump’s pledge to wipe out Puerto Rico’s debt (NYT).

 

CONFLICTS OF INTEREST

New York prosecutors were close to charging Ivanka Trump and Donald Trump, Jr. with felony fraud in 2012, and the timeline suggests that political donations to the district attorney helped thwart the indictments (ProPublica).

Jed Shugerman and other historians have corrected an amicus brief in the SDNY Emoluments Case and apologized to Josh Blackman and Seth Tillman for certain statements (and citations) in a footnote of that brief (Shugerblog). 

 

REGULATION

The EPA will soon announce its proposed repeal of the Clean Power Plan, President Obama’s major climate change regulation (Reuters, NYT).

The Trump Administration’s order to federal agencies not to calculate the cost of global warming to projects is facing challenges in court (LA Times).

Democrats are criticizing President Trump’s choice for the head of EPA’s chemical safety and pollution prevention office as unsuited for the job (The Hill).

The Treasury Department announced its plans to withdraw the Obama Administration’s proposed estate tax rules (The Hill).

 

RULE OF LAW

Judge Bolton should allow Sheriff Arpaio's criminal contempt convicton to remain on the books even if she recognizes President Trump's pardon as valid, explains Bernadette Meyler (Take Care).

  • Yesterday, Judge Susan Bolton concluded that President Trump's pardon was valid (Politico).

 

CHECKS & BALANCES

At oral argument in Gill v. Whitford, Justice Kennedy displayed a keen interest in the First Amendment principles at stake in partisan gerrymandering, explains David Gans (Take Care).

Republican senators are showing increasingly showing their willingness to break with President Trump (Politico). 

Secretary of State Rex Tillerson states that he will stay at the State Department, challenging reports of conflict with the White House (WaPo, NYT).  

  • The New York Times has video of Secretary Tillerson’s remarks.
  • The Washington Post analyzes why Secretary Tillerson would stay on.
  • Reactions to Secretary Tillerson’s statements are available here and here.

The leading Democrat on the House Oversight Committee is seeking information on Kellyanne Conway’s private jet flights with former HHS Secretary Tom Price (Politico, WaPo). 

The House Judiciary Committee has unveiled a bill that would place restraints on law enforcement’s access to data gathered by the NSA (WaPo).

 

RUSSIAN INTERFERENCE

Leaders of the Senate Intelligence Committee cautioned that the government should expect Russian attempts to interfere with upcoming elections (NYT). 

Senate Intelligence Committee leaders also announced their conclusion that Russia interfered in the 2016 elections (WaPo, The Hill). 


Daily Update | December 23, 2019

12/23/19  //  Daily Update

Speaker of the House Nancy Pelosi and Senate Majority Leader Mitch McConnell seek to leverage uncertainties in the rules for impeachment to their advantage. White House officials indicated that President Trump threatened to veto a recent spending bill if it included language requiring release of military aid to Ukraine early next year. The DHS OIG said that it found “no misconduct” by department officials in the deaths of two migrant children who died in Border Patrol custody last year. And the FISA court ordered the Justice Department to review all cases that former FBI official Kevin Clinesmith worked on.

Emily Morrow

Harvard Law School

Daily Update | December 20, 2019

12/20/19  //  Daily Update

Speaker Nancy Pelosi indicated the House will be “ready” to move forward with the next steps once the Senate has agreed on ground rules, but the House may withhold from sending the articles to the Senate until after the new year. Commentary continues about the Fifth Circuit's mixed decision on the status of the ACA.

Emily Morrow

Harvard Law School

Daily Update | December 19, 2019

12/19/19  //  Daily Update

The House of Representatives voted to impeach President Trump. Some Democrats urge House leaders to withhold the articles to delay a trial in the Senate. Meanwhile, the Fifth Circuit issues an inconclusive decision about the future of the ACA, and DHS and DOJ proposed a new rulemaking to amend the list of crimes that bar relief for asylum seekers.

Emily Morrow

Harvard Law School