Hetali Lodaya  //  12/13/19  //  Daily Update

The Judiciary Committee votes on articles of impeachment. The Fourth Circuit hears argument in an important Emoluments Clause case. And OMB issues a memo defending the decision to withhold aid to Ukraine.



Judiciary Committee members raised a number of points of debate regarding whether Republic members had been treated fairly during the impeachment hearings. (The Hill

After 14 hours of debate, the House Judiciary Committee will complete and approve the articles of impeachment on Friday. (WSJ

The decision not to reference the Mueller report in the articles of impeachment was strategic, write John Bresnahan, Heather Caygle and Kyle Cheney for Politico

The charges chosen are the most provable ones,writes Renato Mariotti for Politico.

Sources indicate that Leader McConnell will seek to hold a vote to acquit in the Senate, rather than dismiss the articles of impeachment. (CNN)



The judges of the Fourth Circuit appear divided over whether to advance Emoluments Clause litigation brought by the D.C. and Maryland attorneys general. (The Hill)

The White House Office of Management and Budget has issued a memo defending its decision to withhold aid from Ukraine. (WaPo)

DOJ has released several internal memos that could boost the president’s claims of executive privilege in the face of subpoenas for documents and witnesses. (NYT)



The Pentagon’s internal watchdog will look into the company that was awarded a $400 million dollar contract for border wall construction at the request of a House committee. (LA Times)



A database of conflicts of interest alleged against the president and those in his circle has been updated here.



The findings of the FBI Inspector General’s report are important not just because of the president, but because of what they tell us about national security, argues Charlie Savage at NYT. 

In particular, it raises troubling questions about the role of the FBI in FISA cases, writes Peter Margulius at Lawfare. 

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