Hetali Lodaya  //  6/14/19  //  Daily Update


Hope Hicks will testify before the House Judiciary Committee next Wednesday. The DC District Court denied HHS’s motion to dismiss a lawsuit from two women who want to adopt refugee children and were denied from doing so by an HHS-funded group because they are a same-sex couple. President Trump has said he would accept information on political opponents from foreign governments during the 2020 election. Senate Republicans blocked a bill that would force campaigns to report assistance from foreign governments to the FEC and the FBI. The Office of the Special Counsel has recommended that the President Fire Kellyanne Conway for violations of the Hatch Act.

 

TRUMP: INVESTIGATIONS AND LITIGATION

Hope Hicks will testify before the House Judiciary Committee next Wednesday. (WSJ)

The House Intelligence panel has subpoenaed Rick Gates and Michael Flynn. (WaPo)

 

IMMIGRATION

The California and New Mexico state AGs have asked for an injunction preventing the President from using DOD funds to build a wall on the southern border. (The Hill)

 

CIVIL RIGHTS

The DC District Court denied HHS’s motion to dismiss a lawsuit from two women who want to adopt refugee children and were denied from doing so by an HHS-funded group because they are a same-sex couple. (Lambda Legal)

 

DEMOCRACY

The aim of the contempt votes in the House over the census case is to influence the Supreme Court Justices, argues Kimberley Strassel at WSJ.

Between the census case and a potential impeachment inquiry, Chief Justice Roberts is likely to be in the spotlight soon, writes Brianne Gorod at Take Care.

A watchdog group has called for investigations into perjury regarding the reasons for adding the citizenship question for the census. (The Hill)

President Trump has said he would accept information on political opponents from foreign governments during the 2020 election. (Buzzfeed)

  • There is no First Amendment defense for doing so, writes Rick Hasen at ElectionLawBlog.
  • Trump’s actions have essentially invited foreign governments to interfere, argue Darren Samuelsohn and Natasha Bertrand and Politico. 
  • The President walked back some of his comments Friday morning, saying he would report to the FBI if the information provided was "incorrect or badly stated." (CBS)

Senate Republicans blocked a bill that would force campaigns to report assistance from foreign governments to the FEC and the FBI. (The Hill)

 

CONFLICTS OF INTEREST 

The Office of the Special Counsel has recommended that the President fire Kellyanne Conway for violations of the Hatch Act. (ElectionLawBlog)

Mick Mulvaney is pushing a judicial nominee for the Fifth Circuit over the objections of White House lawyers. (Politico)

 

RUSSIAN INTERFERENCE

Justice Department officials want to interview senior CIA official as they review the Russia investigation. (NYT)


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