Mackenzie Walz  //  11/5/19  //  Daily Update


Precedent suggests executive privilege does not apply in the impeachment context but, even if it does, the House’s need for the information should outweigh any confidentiality interest, contends Lawrence Friedman for Just Security.

Four White House officials defied Congressional subpoenas to testify before House impeachment investigators (WaPo; POLITICO).

The Ukrainian President may have asserted he did not feel pressure from President Trump because it would be unwise to criticize the US, a major donor, when the country is in need of assistance, argues Anders Aslund for Just Security.

President Trump denied the anonymous whistleblower’s offer to provide written answers to questions from GOP lawmakers (POLITICO).

The chairmen of the House committees leading the impeachment inquiry released transcripts of testimony from three Ambassadors (Lawfare).

  • The Hill offers five takeaways from the transcripts here.



The Second Circuit unanimously ruled that President Trump is not immune from Manhattan’s grand jury subpoena for his tax returns (POLITICO; WaPo; The Hill).

  • The ruling is available here.

Writer E. Jean Carroll filed a lawsuit against President Trump, alleging he defamed her when he denied her sexual assault allegation (The HillNYT).



The Administration issued sanctions against nine Iranian officials who are advisers to Iran’s leader, Ali Khamenei (WaPo).

The Administration waived a prohibition blocking over $115 million in security assistance from going to countries who are complicit in the recruitment and use of child soldiers (The Hill).

The Administration notified the UN that it has started withdrawing the United States from the Paris climate agreement (WaPo; NYT; POLITICO).



The Trea Turner interference call during Game Six of the World Series raises many legal questions within broad jurisprudential debates, explains Ben Miller-Gootnick for Take Care.



The proposed rescission of regulations prohibiting recipients of HHS funding from discriminating on the basis of sexual orientation and gender identity may be grounded in the rule of law and federalism, discusses Walter Olson for CATO.

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