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 | February 20, 2019

2/20/19  //  Daily Update

President Trump denied asking former acting Attorney General Matthew Whitaker to put a U.S. attorney who would be sympathetic to President Trump in charge of the investigation into payments to a woman President Trump allegedly had an affair with. The Supreme Court ruled 6-3 that a Texas man may not be executed due to his having an intellectual disability, reversing a Texas Court of Criminal Appeals decision. Judge Amy Berman Jackson ordered a hearing on Roger Stone’s bail status after he posted an image on Instagram which appeared to show the judge’s head next to the crosshairs of a gun. President Trump signed an order to create a military branch under Air Force control that would primarily deal with threats in space, which he has referred to as a “space force.” The House Committee on Oversight and Reform released a report discussing allegations from whistleblowers that Michael Flynn and other members of the Trump administration were part of an effort to transfer nuclear technology to Saudi Arabia.

Jacob Miller

Harvard Law School

Daily Update | February 19, 2019

2/19/19  //  Daily Update

Sixteen states sue to challenge the President’s authority to declare a national emergency to build the border wall. A lawsuit was filed by multiple civil rights organizations challenging the administration’s policy of sending asylum seekers back to Mexico while their cases are considered. The budget bill passed last week pushes back against some Trump Administration policies, but overall continues to expand the federal government’s immigration prison regime. President Trump stopped cost-sharing payments under the ACA, and Congress may end up liable to insurers for over $12 billion in missed payments. The First Circuit says the board appointed to oversee Puerto Rico’s finances was illegally constituted, and President Trump may have to appoint a new one.

Hetali Lodaya

Michigan Law School

Daily Update | February 18, 2019

2/18/19  //  Daily Update

Trump has declared a national emergency to fund the border wall. As a border wall becomes more likely, asylum seekers at the border are giving up hope. The Court will review the census citizenship question dispute this term. The Special Counsel's office filed its sentencing memo in Paul Manafort's case. Special Counsel Robert Mueller has subpoenaed a former employee of the data firm Cambridge Analytica. A district court ordered the Trump administration to halt the imminent discharge of HIV-positive airmen.

Kyle Skinner

Harvard Law School