Hetali Lodaya  //  12/12/19  //  Daily Update

Commentary continues about the House's articles of impeachment. A federal judge in California reaches the same conclusion as one in Texas and blocks wall funding. And the House asks the Supreme Court to move quickly in a case involving the President's financial records.



The White House expects “full exoneration” of the articles of impeachment in the Senate. (WaPo

The articles of impeachment as written generally accomplish their goals, though a few changes could make them stronger, argue Scott R. Anderson, Susan Hennessey, Quinta Jurecic, and Margaret Taylor at Lawfare

Today’s debates miss the historical lesson that impeachment was intended by the framers partially as a tool for national security, writes Charles Edel at Lawfare. 

The House should take its time to thoroughly develop the case and introduce more articles of impeachment, argues Jamelle Bouie at WaPo.

There shouldn’t be a concern that narrow articles of impeachment mean that bringing up other topics will result in unfair propensity arguments during the Senate trial, writes Michael Dorf at Dorf On Law.



A summary of the status of various litigation against the president is at Lawfare. 

A federal judge may drop a case brought by a former national security officer regarding the president’s claims of absolute immunity. (Politico)



A second federal judge, this time in California, declared the president’s use of military funds for a border wall to be unlawful. (The Hill)

  • The opinion is here.

Michael Cohen has asked a judge to reduce his sentence because he cooperated. (The Hill) 

House lawyers have filed a letter urging the Supreme Court to complete its review of a Second Circuit decision about subpoenaing the president’s financial records, saying delay in access could have an effect on the 2020 election. (WaPo) 

The overall number of deportations dropped last year. (WaPo)



The text of the president’s order regarding anti-semetism defines Jews as a group protected by Title VI. (Religion Clause)



Further analysis of the DOJ watchdog report of the FBI’s “Crossfire Hurricane” investigation is at Just Security. 

DOJ Inspector General Michael Horowitz testified regarding the report yesterday. (WaPo) 

The president met with Russian foreign minister Sergei Lavrov; they have conflicting accounts of what they discussed. (Guardian)



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