Daily Update | September 16, 2019
Mackenzie Walz // 9/16/19 //
The Second Circuit Court of Appeals reinstated an Emoluments Clause lawsuit against President Trump that had been dismissed for lack of Article III standing. The “Migrant Protection Protocols” policy has flooded courts along the southern border, as asylum seekers can no longer be detained or released elsewhere in the United States. The Treasury Department announced sanctions against three North Korean cyber groups for committing cyber-attacks. The DOJ argued the court should reject the House Judiciary Committee’s efforts to obtain grand jury material from the Mueller investigation because the committee is not involved in impeachment proceedings.
TRUMP: INVESTIGATIONS AND LITIGATION
The Second Circuit Court of Appeals reinstated an Emoluments Clause lawsuit against President Trump that had been dismissed for lack of Article III standing (The Hill).
- The opinion is available here.
IMMIGRATION
The Administration’s immigration policies and procedures are based on unsubstantiated claims, violate US law and international obligations, and contravene the US legacy, discusses Ambassador Donald Steinberg for Just Security.
The “Migrant Protection Protocols” policy has flooded courts along the southern border, as asylum seekers can no longer be detained or released elsewhere in the United States (The Marshall Project).
The Administration’s immigration policies are consistent with an international trend of Western Nations attempting to curtail migration (NYT).
Enforcement of the Administration’s harsh policies has drawn negative attention to CBP, deteriorating its mission and the morale of its officers (NYT).
JUSTICE & SAFETY
The Treasury Department announced sanctions against three North Korean cyber groups for committing cyber-attacks (The Hill; WaPo).
For the first time in seven years, the United States and Brazil engaged in strategic dialogue regarding trade and the protection of biodiversity in the Amazon region (WaPo).
Political pressure to avoid a trade war with China in light of the upcoming presidential election has decreased the United States’ leverage in the trade negotiation talks with China, discusses Sylvan Lane for The Hill.
REGULATION
The White House’s plan to study whether monitoring the mentally ill could prevent mass shootings is fatally flawed, contends The Washington Post Editorial Board.
CHECKS & BALANCES
The Administration’s rescission of DACA was lawful because DACA itself is substantively and procedurally unlawful, argues Elizabeth Murrill for SCOTUSblog.
Congress is preparing to ignore the President’s request to loosen the border wall funding restrictions in the short-term spending deal (The Hill).
REMOVAL FROM OFFICE
The DOJ argued the court should reject the House Judiciary Committee’s efforts to obtain grand jury material from the Mueller investigation because the committee is not involved in impeachment proceedings (The Hill).
- The DOJ’s brief is available here.