Abigail DeHart, Nicandro Iannacci  //  9/24/18  //  Daily Update


Former Deputy National Security Adviser K.T. McFarland reversed her statement to Special Counsel Mueller about former National Security Advisor Michael Flynn, now saying that Flynn may have spoken to her about discussions with Russian Ambassador Sergey Kislyak during the 2016 presidential transition. The White House and its allies are divided over the possibility of firing Deputy Attorney General Rod Rosenstein. DOE announced it will “rethink anything and everything” related to its approach to special education, with more deference paid to local decision-making. A federal judge in New York ordered Commerce Secretary Wilbur Ross to be deposed as part of a lawsuit challenging the addition of a citizenship question to the 2020 Census. The New York Times sued the FCC over its refusal to release records that the Times thinks might shed light on Russian interference in the net neutrality repeal proceeding.

 

TRUMP: INVESTIGATIONS & LITIGATION 

Jerome Corsi, an associate of Trump adviser Roger Stone, testified before a grand jury as part of Special Counsel Robert Mueller’s investigation (ABC News).

Former Deputy National Security Adviser K.T. McFarland reversed her statement to Special Counsel Mueller about former National Security Advisor Michael Flynn, now saying that Flynn may have spoken to her about discussions with Russian Ambassador Sergey Kislyak during the 2016 presidential transition (WaPo).

Former Trump lawyer John Dowd once proposed diverting money raised for the president to help defend former aides Paul Manafort and Rick Gates, suggesting an attempt to influence their testimony to Special Counsel Mueller (NYT).

The White House and its allies are divided over the possibility of firing Deputy Attorney General Rod Rosenstein (WaPo, Politico).

 

IMMIGRATION

Under a proposed rule, DHS will deny admission to legal immigrants who use or appear likely to use public assistance programs (NYT, WaPo, WSJ, LAT, Politico, Immigration Prof Blog).

  • The proposed rule is here.

The National Association of Immigration Judges called for the creation of independent immigration courts, saying that the current courts are entering a “new and dark era” under Attorney General Jeff Sessions (WaPo).

HHS is shifting nearly half a billion dollars to cover the expense of detaining a record number of migrant children (WaPo).

 

CIVIL RIGHTS

DOE announced it will “rethink anything and everything” related to its approach to special education, with more deference paid to local decision-making (Disability Scoop).

  • The announcement is here.

A federal judge in California denied the Trump administration motion to end an injunction against the president’s ban on transgender individuals serving in the military (Religion Clause).

  • The order from U.S. District Judge Jesus Bernal is here.

 

DEMOCRACY

A federal judge in New York ordered Commerce Secretary Wilbur Ross to be deposed as part of a lawsuit challenging the addition of a citizenship question to the 2020 Census (WaPo, Election Law Blog).

  • The order from U.S. District Judge Jesse Furman is here.

 

JUSTICE & SAFETY

President Trump is scheduled to visit the United Nations General Assembly this week (NYT, WSJ, LAT).

China called on the United States to remove sanctions imposed for its purchase of military equipment from Russia (NYT).

U.S. Trade Representative Robert Lighthizer is working closely with Canadian Foreign Minister Chrystia Freeland to reach agreement on a NAFTA rewrite (NYT).

 

REGULATION 

The FCC’s proposal would limit the amount that local governments can charge carriers for placing 5G equipment in public rights-of-way (Ars Technica).

  • The draft plan is here.

FEMA Administrator Brock Long will reimburse the federal government as appropriate for his non-official use of government vehicles (NYT; CNN; WaPo; Politico).

 

REMOVAL FROM OFFICE

Deputy Attorney General Rod Rosenstein discussed secretly recording President Trump and encouraging members of the Cabinet to invoke the 25th Amendment (NYT, WaPo, CNN).

  • Lawfare offers initial analysis of this revelation. 

There are several hurdles to removing the president under the 25th Amendment, writes Matthew Khan of Lawfare.

 

RUSSIAN INTERFERENCE

President Trump reversed his earlier order to the DOJ to declassify and publicly release a great deal of material related to the Russia investigation without redaction (NYT, WaPo, WSJ, LAT, Politico).

The New York Times sued the FCC over its refusal to release records that the Times thinks might shed light on Russian interference in the net neutrality repeal proceeding (Ars Technica).

 


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