//  9/28/17  //  Daily Update


White House officials are circulating hard-line immigration proposals that include the hiring of 10,000 additional immigration enforcement agents. The Second Circuit expressed skepticism of the DOJ's new anti-gay stance. Supreme Court Justice Neil Gorsuch’s speech at the Trump International Hotel raised questions of independence. The House Oversight Committee launched an investigation into the travel of senior Trump Administration officials.

 

IMMIGRATION

White House officials are circulating hard-line immigration proposals that include the hiring of 10,000 additional immigration enforcement agents (NYT).

The Trump Administration’s stance on immigration is exacerbating a migrant farmworker shortage (NPR). 

 

CIVIL RIGHTS

DOJ’s new anti-gay stance is unlikely to persuade the Second Circuit, writes Mark Joseph Stern at Slate.

Two Chicago police officers who kneeled with an anti-violence activist were penalized for violating police department rules (NYT).

 

DEMOCRACY 

Attorney General Jeff Sessions addressed free speech at the Georgetown Law Center on Tuesday while criticizing athletes in the NFL (NYT).

California has moved its presidential primary to Super Tuesday (The Hill).

Iraqi Kurds voted overwhelmingly for independence despite warnings from the U.S.-led military coalition in Iraq (WSJ).

President Trump deleted his tweets supporting Luther Strange hours after the Republican senate candidate lost the Alabama primary runoff (NYT).

  • The deleted tweets present legal liabilities, writes Darren Samuelsohn.

 

JUSTICE & SAFETY

The Trump Administration deployed military assets and personnel to Puerto Rico and the U.S. Virgin Islands to combat the growing crisis due to Hurricane Maria (WaPo).

  • President Trump is considering whether to suspend the Jones Act, which bars foreign ships from delivering aid to Puerto Rico (WSJWaPo).
  • The Trump administration is restricting lawmakers from visiting Puerto Rico and the U.S. Virgin Islands in order to keep military aircraft focused on recovery efforts (WaPo).
  • Congressional Democrats are demanding increased military support and health funding for Puerto Rico (WaPo).

The FBI is conducting numerous investigations of suspected white supremacists or other domestic terrorists (WaPo).

Addressing the Rohingya crisis in Myanmar is in the United States’ strategic interests, writes Mayesha Alam at Just Security.

The U.N. Commission of Inquiry’s determination that the U.S. airstrike on Al-Jinah violated the Law of Armed Conflict followed the correct legal rule, writes Elvina Pothelet at Opinio Juris.

 

CONFLICTS OF INTEREST

An Associated Press investigation found that very little public information exists about the Chinese manufacturers and exporters of Ivanka Trump’s merchandise (AP).

Supreme Court Justice Neil Gorsuch’s speech at the Trump International Hotel raises questions of independence (WaPo).

 

REGULATION 

President Trump proposed a sweeping tax overhaul (NYTWSJWaPo).

  • Read the proposed plan here.
  • The Wall Street Journal analyzes the plan's winners and losers.
  • The proposal fails to address how to close a loophole associated with “pass-through” business income.
  • The plan constitutes an about-face from Republicans’ previous concerns about the dangers of raising the federal debt.
  • The public should question President Trump’s assertion that his tax plan does not benefit himself, writes Philip Bump at the Washington Post.

The White House should preserve the Public Service Loan Forgiveness Program, write Representatives Brendan Boyle and Ryan Costello.

By rescinding the “Dear Colleague” letter regarding sexual assault, the DOE is signalling that campus assault is not a serious problem, writes Sherry F. Colb.

EPA Administrator Scott Pruitt has signaled that he wants to stop funding DOJ's Environment and Natural Resources Division (NYT).

There has been a spike in environmental legislation, litigation, and donations since President Trump took office (Legal Planet).

Health insurers appear willing to offer Affordable Care Act plans in all U.S. counties next year (WSJ).

President Trump is planning to issue an executive order next week addressing the sale of health insurance across state lines (WaPo).

President Trump told lawmakers that he no longer planned to rely on private-sector funding for his infrastructure package (WaPo).  

The Department of Interior Inspector General’s office continues to investigate whether officials acted inappropriately when they abruptly reassigned dozens of senior employees (WaPo).

CFPB head Richard Cordray warned that credit rating agencies should prepare for increased regulation following the Equifax hack (WaPo).  

 

RULE OF LAW

Courts must hold President Trump accountable by affirming the administration’s duty to maintain and preserve records, write Norman Eisen and Anne Weismann.

 

CHECKS & BALANCES

The House Oversight Committee launched an investigation into the travel of senior Trump Administration officials (WSJ).

  • President Trump expressed disappointment in HHS Secretary Tom Price’s use of private jets for government travel.
  • EPA Administrator Scott Pruitt took charter flights that cost taxpayers more than $58,000 (WaPo).

 

REMOVAL FROM OFFICE

Representative Al Green plans to introduce articles of impeachment next week in response President Trump's comments regarding the NFL (WaPo).

President Trump’s denial of Russian interference in the 2016 election has consequences for potential impeachment proceedings, writes Bob Bauer at Lawfare.

  

RUSSIAN INTERFERENCE

Senate Intelligence Committee invites executives from Facebook, Twitter, and Google to testify in an open hearing as part of the Committee's investigation into Russian interference (WaPo).

Chairman of the Senate Intelligence Committee Richard Burr said that foreign actors interfering in the 2016 election targeted both conservative and liberal groups (The Hill).

Representative Lamar Smith is investigating whether Russian purchased social media advertisements to influence the U.S. energy market (The Hill).

Senator James Lankford asserted that Russian trolls are currently exploiting the debate regarding kneeling during the national anthem (WaPo).

Buzzfeed is seeking information related to the Steele dossier from three federal agencies, former FBI Director James Comey, and former Director of National Intelligence James Clapper (Politico).

 


Daily Update | December 23, 2019

12/23/19  //  Daily Update

Speaker of the House Nancy Pelosi and Senate Majority Leader Mitch McConnell seek to leverage uncertainties in the rules for impeachment to their advantage. White House officials indicated that President Trump threatened to veto a recent spending bill if it included language requiring release of military aid to Ukraine early next year. The DHS OIG said that it found “no misconduct” by department officials in the deaths of two migrant children who died in Border Patrol custody last year. And the FISA court ordered the Justice Department to review all cases that former FBI official Kevin Clinesmith worked on.

Emily Morrow

Harvard Law School

Daily Update | December 20, 2019

12/20/19  //  Daily Update

Speaker Nancy Pelosi indicated the House will be “ready” to move forward with the next steps once the Senate has agreed on ground rules, but the House may withhold from sending the articles to the Senate until after the new year. Commentary continues about the Fifth Circuit's mixed decision on the status of the ACA.

Emily Morrow

Harvard Law School

Daily Update | December 19, 2019

12/19/19  //  Daily Update

The House of Representatives voted to impeach President Trump. Some Democrats urge House leaders to withhold the articles to delay a trial in the Senate. Meanwhile, the Fifth Circuit issues an inconclusive decision about the future of the ACA, and DHS and DOJ proposed a new rulemaking to amend the list of crimes that bar relief for asylum seekers.

Emily Morrow

Harvard Law School