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 | May 31, 2019

5/31/19  //  Daily Update

Trump implied in a tweet that Russia did in fact help him get elected—and quickly moved to clarify. Mueller relied on OLC precedent in his comments earlier this week. Nancy Pelosi continues to stone-wall on impeachment.

Kyle Skinner

Harvard Law School

Daily Update | May 30, 2019

5/30/19  //  Daily Update

Special Counsel Robert Mueller delivered a statement regarding the Russia investigation. Mitch McConnell says that Republicans would fill a Supreme Court vacancy in 2020 even if it occurs during the presidential election. A recent decision from AG Barr may deprive asylum seekers from a key protection against prolonged imprisonment. A federal judge has agreed to put the House subpoenas for the President’s banking records on hold while he appeals a ruling refusing to block them.

Hetali Lodaya

Michigan Law School

Daily Update | May 29, 2019

5/29/19  //  Daily Update

The Trump administration will soon intensify its efforts to reverse Obama-era climate change regulations by attacking the science that supports it. The Supreme Court upheld an Indiana law regulating the disposal of fetal remains, effectively punting on a major abortion rights decision. The Court also declined to hear a challenge to a Pennsylvania school district’s policy of allowing students to use the restroom that best aligns with their own gender identity on a case-by-case basis.

Kyle Skinner

Harvard Law School