Hetali Lodaya  //  9/17/19  //  Daily Update

The administration has dropped its effort to delay putting in place an Obama-era rule regarding special education placement after a ruling from a federal judge. Writers at the New York Times have uncovered a new allegation of sexual assault against Justice Brett Kavanaugh, new corroboration of existing allegations, and new evidence that the FBI was aware of allegations during the nomination and confirmation process, though these factual allegations remain contested. The acting director of national intelligence has until today to turn over a report regarding a whistleblower in response to a subpoena from a House Democrat Adam Schiff, who alleges that refusal to turn over the report potentially indicates improper interference from the White House. The House Judiciary Committee is seeking testimony from former Attorney General Jeff Sessions as a part of their impeachment probe.

TRUMP: INVESTIGATIONS AND LITIGATION

Former FBI Director Andrew McCabe has argued that the president’s attacks on him in the media have made fair prosecution in his case “impossible.” (WaPo)

CIVIL RIGHTS

The administration has dropped its effort to delay putting in place an Obama-era rule regarding special education placement after a ruling from a federal judge. (Disability Scoop)

DEMOCRACY

Writers at the New York Times have uncovered a new allegation of sexual assault against Justice Brett Kavanaugh, new corroboration of existing allegations, and new evidence that the FBI was aware of allegations during the nomination and confirmation process, though these factual allegations remain contested. (NYT)

• There is a process by which the Justice could be impeached, writes Deanna Paul at WaPo.
• The Justice Department has “no legal role” to play in any potential litigation that could be brought by Justice Kavanaugh, writes Eugene Volokh at Reason.

JUSTICE & SAFETY

The D.C. Circuit issued a “remand without vacatur” decision in an administrative law case that provides an example of how court should tackle complex issues coming from an inconsistent administration, writes Dan Farber at Legal Planet.

RULE OF LAW

The acting director of national intelligence has until today to turn over a report regarding a whistleblower in response to a subpoena from a House Democrat Adam Schiff, who alleges that refusal to turn over the report potentially indicates improper interference from the White House. (WaPo, Quartz) 

REMOVAL FROM OFFICE

The House Judiciary Committee is seeking testimony from former Attorney General Jeff Sessions as a part of their impeachment probe. (WaPo)

RUSSIAN INTERFERENCE

The Department of Justice Inspector General has completed its investigation into whether the FBI improperly surveilled ex-Trump campaign aide Carter Page during the 2016 election. (The Hill)