LU

Attorney General Merrick Garland will eventually have to decide whether to appoint a special counsel on the Biden classified documents probe — while learning on guidance from a Trump-appointed US attorney.

Why it matters: Garland’s reported decision to assign the case to US Attorney John Lausch could help insulate the investigation from accusations of political bias, especially if the outcome involves no findings of criminal wrongdoing.

• Lausch’s assignment is to conduct an initial facts-based investigation to better inform Garland’s decision about a potential special counsel,

This post was authored by Matthew Loescher, Esq.

Plaintiffs owned homes in the City of New Buffalo, Michigan, that they used, or intended to use, as short-term rental properties. In 2019, the City passed an ordinance requiring homeowners in the City to obtain a permit before using their homes as short-term rentals. In 2020, the City adopted a resolution that suspended the issuance of such permits. Plaintiffs brought this action against the City to challenge the validity of that resolution under state and federal law.

At the outset, the court noted that Plaintiffs’ failure or inability to obtain a short-term