Mackenzie Walz  //  6/4/19  //  Daily Update


In a legal filing in an ongoing lawsuit, a luxury hotel in Panama alleged the Trump Organization evaded taxes in Panama and made false claims to Panamanian tax authorities. The Supreme Court rejected the Trump Administration’s request to fast track its decision on whether or not to hear the case over the President’s recession of DACA. A federal judge in DC ruled the House of Representatives lacks standing to sue executive branch officials over the border wall funding.

 

TRUMP: INVESTIGATIONS AND LITIGATION

Mueller’s decision not to opine whether the President’s conduct was indictable went beyond the DOJ policy requirements and, if subpoenaed by Congress, he should say more, contends Evan Caminker for Verdict.

Congress and the public should demand Attorney General Barr provide an explanation for his conclusion that the President did not commit an indictable offense, discusses David R. Lurie for Just Security.

In a legal filing in an ongoing lawsuit, a luxury hotel in Panama alleged the Trump Organization evaded taxes in Panama and made false claims to Panamanian tax authorities (NYT; ProPublica).

 

IMMIGRATION

The Supreme Court rejected the Trump Administration’s request to fast track its decision on whether or not to hear the case over the President’s recession of DACA (The Hill).

In recent weeks, Mexican officials have been cracking down on the Central American migrants traversing their country toward the US, increasing detentions and deportations (NYT).

 

JUSTICE & SAFETY

The Trump Administration’s recent enforcement of Title III of the Helms-Burton Act is likely to harm ordinary Cubans, not Cuba’s elite, discusses Jose Gabilondo for Just Security.

If US officials with top-secret clearance were approached by Russian officials in a similar manner as the infamous Trump Tower meeting, they would be legally obligated to report it, argues Paul Rosenzweig for Lawfare.

Mexican officials are weighing options to retaliate if the United States imposes tariffs on its exports, but would prefer to negotiate a solution (WSJ).

President Trump’s invocation of the International Emergency Economic Powers Act to impose tariffs on imported Mexican goods, once again, tests the outer boundaries of presidential authority, discuss Scott R. Anderson and Kathleen Claussen for Lawfare.

President Trump’s proposed tariffs on Mexican goods are a clear violation of US trade and international law, and history suggests they would harm Americans, Paul Krugman argues for the New York Times.

 

CHECKS & BALANCES

A federal judge in DC ruled the House of Representatives lacks standing to sue executive branch officials over the border wall funding (The Hill; WaPo).

  • The judge’s opinion is available here.

 

REMOVAL FROM OFFICE

The Supreme Court has historically agreed that it should not review an impeachment decision by Congress and Dershowitz is incorrect in saying the Court would do so for President Trump, contends Keith E. Whittington for Lawfare.

  • Dershowitz’s argument is available here.

There are seven separate bases for impeaching President Trump pertaining to his Article I constitutional violations, discusses Max Boot for the Washington Post.

 


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