Mackenzie Walz, Ian Eppler  //  9/12/18  //  Daily Update

In his latest attack on the credibility of the Department of Justice, President Trump falsely claimed in an early morning tweet that former FBI officials Peter Strzok and Lisa Page were involved in a “media leak strategy” to undermine his administration. New York State Tax Department investigators met with Michael Cohen’s attorney regarding its investigation into Cohen and the Trump Organization; officials involved in the matter described the Department’s investigation as a “clear interference” with the US Attorney’s Office’s ongoing criminal investigation. The Sixth Circuit Court of Appeals unanimously dismissed a claim alleging that President Trump incited a riot at a 2016 campaign rally in Kentucky, finding that his speech did not encourage violence and was ultimately protected by the First Amendment. The Department of Health and Human Services announced its plan to more than triple the size of its camp for migrant children at Tornillo-Guadalupe Land Port of Entry in response to the growing number of children crossing the border.

TRUMP: INVESTIGATIONS & LITIGATION

New York State Tax Department investigators met with Michael Cohen’s attorney regarding its investigation into Cohen and the Trump Organization; officials involved in the matter described the Department’s investigation as a “clear interference” with the US Attorney’s Office’s ongoing criminal investigation (CNN). 

President Trump’s plan to declassify documents regarding the FBI’s surveillance of his former campaign advisor, Carter Page, and the investigative activities of senior Justice Department lawyer, Bruce Ohr, would set a precedent with “significant consequences beyond the Russia investigation,” writes Kel McClanahan at Just Security.

President Trump is likely to select Emmet Flood, his personal lawyer for the Special Counsel investigation, as the next White House Counsel, reports Peter Nicholas and Michael Bender in the Wall Street Journal. 

The Sixth Circuit Court of Appeals unanimously dismissed a claim alleging that President Trump incited a riot at a 2016 campaign rally in Kentucky, finding that his speech did not encourage violence and was ultimately protected by the First Amendment (The Hill, WSJ).

• You can find the court’s order here. 

The District of Columbia’s Alcoholic Beverage Control Board will consider a complaint contending that the liquor licenses of Trump properties in the District should be revoked on the basis that President Trump lacks the “good moral character” required by law (Politico).

IMMIGRATION

The Department of Health and Human Services announced its plan to more than triple the size of its camp for migrant children at Tornillo-Guadalupe Land Port of Entry in response to the growing number of children crossing the border (WaPo).

JUSTICE & SAFETY

The Palestine Liberation Organization (PLO) Secretary-General, Saeb Erekat, describes the Administration’s decision to close the PLO DC Office as “yet another affirmation of the Trump Administration’s policy to collectively punish the Palestinian people.” 

National Security Advisor John Bolton’s speech to the Federalist Society announcing the Administration’s stance on the International Criminal Court was “maximally offensive to the court,” “often inaccurate,” and “hollow at its core,” writes David Bosco for LawFare.

• Jamil Dakwar, Director of the Human Rights Program at the ACLU, described the policies discussed within Bolton’s speech as “misguided and harmful” with no legal basis.

REGULATION

Oral arguments suggested that a federal district judge in Texas is poised to strike down the Affordable Care Act, with the support of the Trump administration, reports Timothy Jost at Balkinization.

RULE OF LAW

In his latest attack on the credibility of the Department of Justice, President Trump falsely claimed in an early morning tweet that former FBI officials Peter Strzok and Lisa Page were involved in a “media leak strategy” to undermine his administration (WaPo).

RUSSIAN INTERFERENCE

President Trump is expected to sign an executive order that would impose sanctions on foreign companies involved in interference in US elections (The Hill).

Tags: