Hetali Lodaya  //  6/26/19  //  Daily Update


Robert Mueller will testify before two House committees on July 17. District Court Judge Emmet Sullivan has ruled that the emoluments clause litigation can move forward without appellate review at this stage. John Sanders has resigned as head of Customs and Border Protection. There have been several rapid developments in litigation challenging the addition of a citizenship question to the census. 

 

TRUMP: INVESTIGATIONS AND LITIGATION

Robert Mueller will testify before two House committees on July 17. (CNN)

District Court Judge Emmet Sullivan has ruled that the emoluments clause litigation can move forward without appellate review at this stage. (The Hill)

Despite the President’s efforts to obstruct his investigation, Robert Mueller learned a lot of previously unknown information, writes Barbara McQuade at Just Security.

There is a new allegation of sexual assault against the president. (WaPo)

 

IMMIGRATION

John Sanders has resigned as head of Customs and Border Protection. (WSJ)

  • Mark Morgan, the acting director of Immigrations and Customs Enforcement, will take his place. (NYT)

House Democrats are working to push through a huge aid package in response to the president’s crackdown at the border. (Politico)

 

DEMOCRACY

A former Commerce Department official testified that Secretary Wilbur Ross was interested in adding the citizenship question to the census early in the Trump administration. (The Hill)

  • The same official was ordered not to answer certain questions by Commerce Department lawyers. (Politico)
  • The government’s conduct in the census litigation is indefensible, argues Rick Hasen at Slate.
  • The travel ban litigation should be a cautionary tale for the Supreme Court, write Neal Katyal and Joshua Geltzer for NYT. 
  • The president’s poll numbers prove that his character and agenda will matter in reelection, writes William Galston in WSJ.

 

RULE OF LAW

The President’s planned Fourth of July celebrations could violate the Hatch Act. (CREW)

Progressive presidential candidates need to be talking more about judicial nominations, writes Praveen Fernandes at Take Care.

The President’s appointees are taking central roles in deciding important cases, writes Elliot Mincberg at Take Care.

 

REMOVAL FROM OFFICE

Eighty House Democrats want to open an impeachment inquiry. (WaPo)

 

RUSSIAN INTERFERENCE

House Oversight and Reform Committee Chairman Elijah Cummings says the White House is not complying with federal records disclosure laws regarding communications between the president and Vladimir Putin. (The Hill)


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