Nicandro Iannacci  //  9/13/18  //  Daily Update


Andrew Miller, an associate of Trump confidante Roger Stone, filed a brief in federal appeals court challenging Special Counsel Mueller’s authority to subpoena him. Former Trump campaign chairman Paul Manafort is seeking a plea agreement from Special Counsel Robert Mueller that does not include cooperation. The number of migrant family members arrested for illegal entry into the United States rose by 38 percent in August. According to a new report, federal enforcement of voting rights for minorities has fallen significantly in the last five years. The DOE has reopened a civil rights case against Rutgers University, suggesting that the school may have allowed a hostile environment for Jewish students. As expected, President Trump signed an executive order authorizing automatic sanctions against any foreign entities found to have interfered in U.S. elections.

 

TRUMP: INVESTIGATIONS & LITIGATION

Former Trump campaign chairman Paul Manafort is seeking a plea agreement from Special Counsel Robert Mueller that does not include cooperation (ABC News, WaPo, WSJ).

Andrew Miller, an associate of Trump confidante Roger Stone, filed a brief in federal appeals court challenging Special Counsel Mueller’s authority to subpoena him (Lawfare). 

  • The brief, filed in the U.S. Court of Appeals for the D.C. Circuit, is here.

 

IMMIGRATION

A budget document released by Senator Jeff Merkley (D-Ore.) shows that DHS transferred $10 million from FEMA to DHS earlier this summer (NYT).

The number of migrant children in federal detention is now the highest ever recorded (NYT).

The number of migrant family members arrested for illegal entry into the United States rose by 38 percent in August (WaPo).

 

CIVIL RIGHTS

The DOE has reopened a civil rights case against Rutgers University, suggesting that the school may have allowed a hostile environment for Jewish students (NYT).

 

DEMOCRACY

According to a new report, federal enforcement of voting rights for minorities has fallen significantly in the last five years (NYT).

  • The report by the U.S. Commission on Civil Rights is here.

 

JUSTICE & SAFETY

As expected, President Trump signed an executive order authorizing automatic sanctions against any foreign entities found to have interfered in U.S. elections (NYT, WaPo, WSJ, Politico, The Hill, Ars Technica).

In a report required by law, the Trump administration formally certified the actions of the Saudi Arabia-led coalition in Yemen, drawing criticism from members of Congress (WaPo).

The U.S. is not made safer by Trump administration attacks on the ICC and its personnel, writes Jennifer Trahan at Opinio Juris.

 

REGULATION

A federal judge ruled unlawful the DOE’s delays of regulations governing loan forgiveness for defrauded borrowers (Politico).

  • The ruling by U.S. District Court Judge Randolph Moss is here.

The FDA gave e-cigarette manufacturers 60 days to come up with a plan to address sales to minors, threatening to take the products off the market if no solution is reached (NYT, WaPo, WSJ, Politico, LAT, The Hill).

The FCC delayed its review of the proposed T-Mobile-Sprint merger in order to review new documents from both companies (The Hill).

The Trump administration proposed new trade talks with China before new tariffs are imposed (WSJ).

The Senate confirmed California tax lawyer Charles Rettig as the new IRS Commissioner (WSJ).

 

RULE OF LAW

The Trump administration has weakened the norm of civilian control of the military, writes Mark Nevitt at Just Security.

 

CHECKS & BALANCES

Senate Republicans believe it will be very difficult, if not impossible, to confirm any potential successor to Attorney General Jeff Sessions (Politico).

House Democrats on the Judiciary Committee are trying to force a hearing on legislation to protect the Mueller investigation (Politico).

 

REMOVAL FROM OFFICE

The constitutionally appropriate response to President Trump is impeachment, not the covert operations of administration officialswrites Bob Bauer at Lawfare.

 


Daily Update | September 21, 2018

9/21/18  //  Daily Update

Dr. Christine Blasey Ford says she would agree to testify at a Senate hearing next week, but would not be prepared to do so on Monday. The Trump Administration plans to shift $260 million from program like cancer research and AIDS prevention to cover the cost of housing thousands of undocumented immigrant children in the custody of the Department of Health and Human Services. The Pentagon stopped announcing body counts of Taliban and Islamic State fighters killed in battle in Afghanistan, a practice which had begun in January. The Justice Department’s Office of Juvenile Justice and Delinquency Prevention has begun dismantling decades-old policies meant to improve racial disparities in youth incarceration. A number of Russian oligarchs close to Vladimir Putin managed to build relationships with elements of the Trump campaign in 2016.

Zachary Piaker

Columbia Law School

Daily Update | September 20, 2018

9/20/18  //  Daily Update

As election day nears, many states and counties are beefing up their plans to deal with cyberattacks on election infrastructure. Undocumented immigrant families affected by Hurricane Florence are wondering whether seeking government resources like shelter, food, or other aid would put them at greater risk. State Department officials are facing backlash over the decision to drastically limit the number of refugees who will be permitted to settle in the U.S. The Office of Inspector General criticized the Bureau of Prisons’ management of female prisoners. Terrorism is down worldwide, but the State Department says that Iran maintains a ‘near-global reach’ as the leading state sponsor of terrorism. North Korean leader Kim Jong-un committed to some concrete steps towards denuclearization, but fell short of what American officials have demanded.

Hanna St. Marie

Columbia Law School

Daily Update | September 19, 2018

9/19/18  //  Daily Update

President Trump’s order for the Justice Department to declassify certain materials related to the investigation and surveillance of his former campaign advisor, Carter Page, is a self-interested effort at “obfuscation, concealment, deception, and the weaponizing of the oversight process.” Mike Pompeo announced that the Administration will cap its refugee resettlement for the coming fiscal year at 30,000, the lowest number in history. Administration officials urged Congress to amend a decades-old court ruling that limits the amount of time migrant children can be detained. FEMA Chief William Long has been suspended and is facing a possible criminal investigation related to his use of government vehicles. More evidence has arisen showing that Commerce Secretary Wilbur Ross lied to Congress in testifying that DOJ initially approached him about adding the citizenship question to the census.

Mackenzie Walz

University of Michigan Law School

Hanna St. Marie

Columbia Law School