Kyle Skinner  //  6/11/19  //  Daily Update


The House has voted to allow representatives to pursue civil suits to force information from stonewalling members of the administration. The Justice Department has agreed to turn key evidence in the Mueller probe over to the House in what might be a deal to avoid contempt charges. The Justice Department has released an OLC opinion saying that it is unconstitutional for Congress to prohibit executive branch attorneys from accompanying witnesses who are current or former executive branch employees called to testify before Congress.

 

DEMOCRACY

Mitch McConnell announced today that the Senate will receive a briefing on election security (The Hill).

Kia Rahnama explores the full extent of Congress’ investigatory and contempt  powers (Lawfare).

Mike Rogers, a former NSA director, says the Mueller probe shows how important it is that the U.S. protect itself against election interference (The Hill).

 

JUSTICE & SAFETY

The U.S. has formally requested extradition of Julian Assange (WaPo).

 

INVESTIGATIONS 

The House has voted to allow representatives to pursue civil suits to force information from stonewalling members of the administration (NPR). 

Facing the possibility of being held in contempt for refusing a subpoena, Barr plans to ask Trump to assert executive privilege over materials related to the citizenship question on the 2020 census (WaPo).

The Justice Department has agreed to turn key evidence in the Mueller probe over to the House in what might be a deal to avoid contempt charges (NYT, The Hill, WSJ, Guardian). 

Donald Trump, Jr. will testify tomorrow before the Senate Intelligence Committee in a closed-door hearing (WaPo).

The Justice Department has released an OLC opinion saying that it is unconstitutional for Congress to prohibit executive branch attorneys from accompanying witnesses who are current or former executive branch employees called to testify before Congress (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