The American Civil Liberties Union filed a lawsuit challenging President Trump’s emergency powers declaration to secure funds to build a wall along the southern border. Read the complaint here.
Sixteen states (California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Virginia and Michigan) have filed suit against President Trump over his declaration of national emergency. The complaint is available here.
The New York Times reported on Monday that Cliff Sims, author of “Team of Vipers,” is “suing the president in his official capacity, alleging that he used his campaign organization as a ‘cutout’ to improperly seek retribution against former employees and keep them from invoking their First Amendment rights.” Sims’ lawsuit comes after the Trump campaign filed an arbitration claim against the White House aide turned author. The campaign is claiming that Sims violated a non-disclosure agreement, but Sims is reportedly not entirely sure he signed an NDA at all. Read the complaint here.
Law.com is reporting that seven retired federal judges, including former Seventh Circuit Judge Richard Posner, filed an amicus brief in a class action over PACER fees now on appeal. The brief argues that PACER fees harm the judiciary’s credibility and pro se litigants.
Roger Jason Stone, Jr. was arrested in Fort Lauderdale on Jan. 25, 2019, following an indictment by a federal grand jury on Jan. 24, 2019, in the District of Columbia. The indictment contains seven counts: one count of obstruction of an official proceeding, five counts of false statements, and one count of witness tampering. Read the Stone indictment here.
A federal judge in New York has ruled against the Trump administration’s decision to add a citizenship question to the 2020 census. U.S. District Judge Jesse Furman ordered the administration to stop its plans to include the controversial question on forms for the upcoming national head count “without curing the legal defects” the judge identified in his opinion released on Tuesday. Read the opinion here.
The National Air Traffic Controllers Association on Friday sued the Trump administration over the continued partial government shutdown, saying airline controllers are being deprived ”of their hard-earned compensation without the requisite due process.” Read the complaint here.
The redaction errors in Manafort’s rebuttal show prosecutors believed he had lied about sharing 2016 polling data with Mr Kilimnik, as well as meeting him in Madrid and discussing Ukrainian politics while Manafort was managing the Trump campaign. Here’s the unredacted court filing.
For an analysis, see CNN, Analysis: Unredacted Paul Manafort filing hints at collusion.
Natalya Veselnitskaya, the Russian attorney who attended a controversial meeting at Trump Tower with President Donald Trump’s son, son-in-law and campaign chief in 2016, has been criminally charged with obstruction of justice in connection with a civil money laundering and forfeiture case unrelated to Trump probe. The indictment describes links to Kremlin. Read the now unsealed indictment here.
Here’s the Jan. 4, 2019 judgment.
The 83 claims filed by lawyers, doctors, professors and other concerned citizens accuse Kavanaugh of making false statements during his Senate confirmation hearings, displaying a lack of judicial temperament, making inappropriate partisan statements and treating members of the Senate Judiciary Committee with disrespect. However, the allegations must be dropped, according to the 10th Circuit judicial panel because ethics rules for the judiciary do not extend as high as the Supreme Court. Read yesterday’s order here.
Yesterday, a unanimous panel of the U.S. Court of Appeals for the D.C. Circuit rejected an attempt by the Electronic Privacy Information Center (EPIC) to obtain President Trump’s tax records through the Freedom of Information Act (FOIA). Read Judge Henderson’s opinion for the panel in EPIC v. IRS here.
President Trump’s personal charity will shut down and disperse whatever funds it still has under a new agreement announced Tuesday by New York Attorney General Barbara Underwood. Underwood said the foundation also made a series of questionable donations to other charitable organizations to settle legal claims involving Trump businesses, including his South Florida Mar-a-Lago retreat, while another donation went toward promoting Trump’s international hotels. The attorney general’s office also alleged that Trump handed over control of the charity to his presidential campaign in 2016, as it made strategic donations to charities and events in key campaign states like Iowa and New Hampshire. The agreement, which still must be approved by a judge, requires the Trump Foundation to submit a list of not-for-profit groups that will receive distributions from the remaining assets. Read the stipulation here.
Special counsel Robert Mueller has released a January 2017 memo detailing the FBI’s interview that month with Michael Flynn. Read the Mueller memo summarizing the FBI’s interview with Flynn.
From the DOJ press release:
An indictment was unsealed today charging Bijan Rafiekian, aka Bijan Kian, 66, of San Juan Capistrano, California, and Kamil Ekim Alptekin, 41, of Istanbul, and a Turkish national, with conspiracy, acting in the United States as illegal agents of the government of Turkey, and making false statements to the FBI.
According to allegations in the indictment, the two men were involved in a conspiracy to covertly influence U.S. politicians and public opinion against a Turkish citizen living in the United States whose extradition had been requested by the Government of Turkey. The plot included using a company founded by Rafiekian and a person referred to as “Person A” in the indictment. The company, referred to as “Company A” in the indictment, provided services based upon Person A’s national security expertise.
Read the indictment here.
Wired reports that there are 17 ongoing Trump and Russian investigations stemming from at least seven different sets of prosecutors and investigators. That total does not count any congressional inquiries, nor does it include any other inquiries into other administration officials unrelated to Russia. Wired’s A Complete Guide to All 17 (Known) Trump and Russia Investigations summarizes and provides a status report on each of the ongoing investigations.
For an analysis, see NYT’s How the various investigations into Trump’s world overlap.
In Texas v. United States, Judge Reed O’Connor (N.D. Tex.) Friday issued a sweeping and breathtaking ruling striking the entire Affordable Care Act. Judge O’Connor ruled that the individual mandate could no longer be supported by Congress’s taxing power; that the individual mandate is not severable from the rest of the ACA; and that therefore the entire ACA must fail. For an analysis, see this Constitutional Law Professor Blog post.
Butina admitted to making contacts with Republicans and conservative groups at the direction of Russia, and will cooperate with prosecutors. Here’s her plea agreement.
American Media Inc., the publisher of the National Enquirer, has agreed to cooperate with New York federal prosecutors. The announcement was made by the Department of Justice through a public statement sharing that a non-prosecution agreement with American Media Inc. was met “related to its payment of $150,000 to [former Playboy model Karen McDougal] to influence 2016 presidential election,” per the statement.