Mackenzie Walz  //  9/11/19  //  Daily Update


The U.S. District Court for the Northern District of California reinstated the nationwide ban on the Administration’s third country asylum rule, but the Ninth Circuit immediately granted an administrative stay of that injunction. President Trump announced that he fired his National Security Adviser, John Bolton, because they disagreed strongly on many issues. President Trump issued an executive order, expanding the tools currently available to the Administration to go after terrorists and their supporters. Senate Democrats announced they will vote again to disapprove of President Trump’s national emergency declaration, forcing Republicans to formally support or condemn it.

 

IMMIGRATION

It is unclear whether the Trump Administration will loosen immigration rules to help Bahamians migrate to the United States after the destruction of Hurricane Dorian (ImmigrationProf Blog).

The U.S. District Court for the Northern District of California reinstated the nationwide ban on the Administration’s third country asylum rule, but the Ninth Circuit immediately granted an administrative stay of that injunction (Politico)

  • The district court’s order is available here.
  • The Administration has petitioned the Supreme Court to lift the order (The Hill).

A report from the HHS Office of Inspector General found that the Administration’s 2018 policy changes worsened the mental health needs of unaccompanied children (The Hill).

 

DEMOCRACY

Public attacks against President Trump’s political donors have increased concerns regarding the disclosure of political donation, discusses Michelle Lee for The Washington Post.

Commerce Secretary, Wilbur Ross, threatening to fire NOAA officials for contradicting the President is another example of the members of the Administration showing loyalty to the President rather than the American people, asserts The New York Times Editorial Board.

 

JUSTICE & SAFETY

President Trump announced that he fired his National Security Adviser, John Bolton, because they disagreed strongly on many issues (WSJ; POLITICO; NBC).

  • David Graham contends for The Atlantic that President Trump’s problem wasn’t John Bolton, specifically, but having an adviser, generally.
  • John Bolton’s resignation letter can be read here.

The Administration is increasing its efforts to persuade other nations to take action on Iran’s non-compliance with the 2015 nuclear treaty (WaPo).

With cooperation from the Kurdish, US and Turkish troops conducted a joint patrol of the Kurdish controlled region in northeast Syria (WaPo).

President Trump issued an executive order, expanding the tools currently available to the Administration to go after terrorists and their supporters (WaPo).

 

CONFLICTS OF INTEREST

House Minority Leader, Kevin McCarthy, contended that a government official staying at President Trump’s hotel is no different than an official staying at another hotel (POLITICO).

 

CHECKS & BALANCES

Senate Democrats announced they will vote again to disapprove of President Trump’s national emergency declaration, forcing Republicans to formally support or condemn it (POLITICO).

 

RULE OF LAW

It appears as though President Trump and his personal attorney, Rudy Giuliani, are extorting the Ukraine for political gain by requesting the country to investigate presidential candidate Joe Biden (Just Security).

 

REMOVAL FROM OFFICE

The draft copy of the House Judiciary Committee’s “Resolution for Investigative Procedures” establishes investigative formality and additional powers for the committee, discusses Margaret Taylor for Lawfare.

 


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