Karen Kadish  //  12/6/19  //  Daily Update

The House begins drafting articles of impeachment. Law professors—including Versus Trump podcast guest Pam Karlan—testify before the Judiciary Committee. And the President asks the Supreme Court to prevent disclosure of his financial records.



The House of Representatives has begun drafting articles of impeachment. (NYT)

Legal interpretations of the Constitution and the standards of impeachability were examined in Congress during the testimony of four law professors. (Dorf on Law)

Phone logs in the impeachment inquiry report renew concerns about President Trump’s use of unsecured phones for sensitive communications, write Paul Sonne, Josh Dawsey, Ellen Nakashima and Greg Miller at The Washington Post.

Political lenses and biases are intertwined with the functioning of our entire legal system, not simply impeachment, suggests Michael C. Dorf on Dorf on Law.

A D.C. District Court judge held that while White House aides do not enjoy absolute immunity from Congressional subpoena, they can invoke privilege in declining to answer specific questions. (Lawfare)

Marsha Simonova at Lawfare analyzes the potential criminality of the obstruction of justice described in the House Intelligence Committee’s impeachment inquiry report.



President Trump petitioned the Supreme Court asking the Court to prevent the disclosure of his financial documents to Congress. (LawfareSCOTUSblogThe Hill)



A GAO Report showed that immigration-related prosecutions increased from 2017 to 2018. (ImmigrationProf Blog)

ICE bought North Carolina’s driver’s license records to track undocumented immigrants. (ImmigrationProf Blog

President Trump’s attempted ban on admitting uninsured visa applicants violates parts of the Immigration and Nationalization Act as well as conflicts with the Affordable Care Act, writes Peter Margulies at Lawfare.



The United States and Sudan have agreed to exchange ambassadors and upgrade diplomatic ties. (WaPo)



Ambassador Gordon Sondland should be removed from his his offie based on his role in withholding military aid from Ukraine, writes Ryan Goodman at Just Security.

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