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 | November 19, 2018

11/19/18  //  Daily Update

In an interview, President Trump said that he was not likely to sit for an interview with Special Counsel Robert Mueller. A typo in newly unsealed court documents indicates that the DOJ is indeed planning to prosecute Wikileaks founder Julian Assange. The CIA concluded that the Saudi crown prince, Mohammed bin Salman, ordered the killing of Saudi journalist Jamal Khashoggi. Education Secretary Betsy DeVos issued new regulations to govern campus sexual assault cases, which will now face notice and comment. The Supreme Court will hear arguments in a discovery dispute in the litigation over the addition of a citizenship question to the 2020 Census. In the wake of its loss against Jim Acosta and CNN, the White House is drafting new rules for reporter behavior, with threats to return to court if they are violated.

Nicandro Iannacci

Columbia Law School

Jacob Miller

Harvard Law School

Daily Update | November 16, 2018

11/16/18  //  Daily Update

New data from USCIS shows that denials of legal immigration applications have increased by 37 percent under the Trump administration. Senator Mark Warner (D-Va.), the ranking Democrat on the Senate Intelligence Committee, called for Acting Attorney General Matt Whitaker to recuse himself from oversight of the Mueller investigation. In a new report on police use of force, the U.S. Commission on Civil Rights called for the Trump administration to increase oversight of local police departments. Hours after Saudi Arabia announced it will seek the death penalty for five people accused of killing Saudi journalist Jamal Khashoggi, the Trump administration announced sanctions against 17 people accused of involvement in the killing.

Nicandro Iannacci

Columbia Law School

Mackenzie Walz

University of Michigan Law School

Daily Update | November 15, 2018

11/15/18  //  Daily Update

Betsy DeVos, Secretary of the Department of Education, is expected to release new Title IX rules regulating how universities must handle sexual assault and harassment allegations. President Trump’s recent asylum policy is in violation of a Congressional statute, which states that anyone can apply for asylum at a designated port of arrival. The DOJ argued that President Trump has “broad discretion" to limit reporter access to White House buildings and events. The DOJ’s Office of Legal Counsel issued a memorandum explaining that the president has the legal authority to appoint a non-Senate-confirmed individual as acting attorney general.

Mackenzie Walz

University of Michigan Law School

Abigail DeHart

Michigan Law School