Mackenzie Walz  //  11/26/19  //  Daily Update


A federal judge rules that former White House counsel Don McGahn must comply with a congressional subpoena to testify before impeachment investigators. The U.S. Solicitor General files a brief in support of President Trump in a Supreme Court case that could result in him being forced to turn over his tax returns to the Manhattan DA, while the Court temporarily blocks the order from going into effect. And a federal court orders the DOD and the OMB to release to the Center for Public Integrity documents regarding the Administration’s withholding of military aid to Ukraine.

 

IMPEACHMENT INQUIRY 

A federal judge ruled that former White House counsel Don McGahn must comply with a congressional subpoena to testify before impeachment investigators (NYT;WaPo; POLITICO).

  • The judge’s ruling is available here.

 

TRUMP: INVESTIGATIONS AND LITIGATION

The U.S. Solicitor General filed an amicus brief in support of President Trump in Trump v. Vance, a case arising out of the NY District Attorney’s subpoena for President Trump’s financial records (SCOTUSblog).

  • Legal documents from the case, including the amicus brief, are available here. 

The Supreme Court temporarily blocked a subpoena from House Democrats for President Trump’s financial records while they consider whether to hear the appeal (The Hill; SCOTUSblog).

 

IMMIGRATION 

The Department of Homeland Security’s Unified Agenda details forthcoming immigration regulations that would significantly affect employers, asylum seekers, and certain visa holders (ImmigrationProf Blog).

 

DEMOCRACY

President Trump should side with American ideals of freedom and democracy by signing the Hong Kong Human Rights and Democracy Act, contends Henry Olsen for The Washington Post.

  • The Hill offers a range of actions President Trump can take regarding the legislation.

 

JUSTICE & SAFETY

A federal judge ordered the DOD and the OMB to turn over documents regarding the Administration’s withholding of military aid to Ukraine to the Center for Public Integrity (The Hill). 

Defense Secretary, Mark Esper, fired Navy Secretary Richard Spencer, who disagreed with President Trump and military leadership over the fate of the Navy SEAL recently acquitted of war crimes (WaPo; WSJ).

The US military has resumed operations in Northern Syria nearly two months after President Trump’s abrupt withdrawal of troops from the region (NYT).

 

RUSSIAN INTERFERENCE

What President Trump really wanted from Ukrainian President Zelensky was exoneration of Russia from the claims of election interference, argues Allan Lichtman for 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