Nicandro Iannacci  //  10/1/19  //  Daily Update


Secretary of State Mike Pompeo took part in the infamous July 25 call between President Trump and the president of Ukraine. In a recent phone call, President Trump asked the Australian prime minister to help AG Bill Barr with an investigation to counter the Mueller probe. The president is trying to identify the Ukraine whistleblower and accused Rep. Adam Schiff (D-Calif.) of treason. House Democrats subpoenaed Trump lawyer Rudy Giuliani for records related to interactions with Ukraine. Senate Majority Leader Mitch McConnell (R-Ky.) said that the Senate will conduct a trial if the House impeaches the president. A federal judge dismissed a lawsuit from four states over the cap on deductions for state and local taxes in President Trump’s tax law.

 

REMOVAL FROM OFFICE

A small group of House Democrats are withholding support for impeachment (NYT).

  • House Republicans are planning their defense. (POLITICO)
  • Nearly half of Americans support impeachment, a new poll finds. (WaPo)

President Trump’s actions warrant impeachment and Republicans should not support his reelection, writes former Sen. Jeff Flake (R-Ariz.) at The Washington Post.

Secretary of State Mike Pompeo took part in a July 25 call between President Trump and the president of Ukraine (WSJ, BuzzFeed News).

In a recent phone call, President Trump asked the Australian prime minister to help AG Bill Barr with an investigation to counter the Mueller probe (NYT, WaPo, WSJ).

The president is trying to identify the Ukraine whistleblower and accused Rep. Adam Schiff (D-Calif.) of treason (NYT, WaPo, POLITICO).

  • The While House may have mishandled the Ukraine memo, writes Alex Pascal at The New York Times.
  • The judiciary should take a more active role in evaluating presidential confidentiality claims, writes Michael Dorf at Dorf on Law.

House Democrats subpoenaed Trump lawyer Rudy Giuliani for records related to interactions with Ukraine (NYT, POLITICO).

  • Giuliani can’t rely on executive privilege to evade testimony, writes John E. Bies at Lawfare.

Senate Majority Leader Mitch McConnell (R-Ky.) said that the Senate will conduct a trial if the House impeaches the president (WaPo, POLITICO).

President Trump may have lied to Special Counsel Robert Mueller about his knowledge of his campaign’s contacts with Wikileaks (POLITICO).

 

IMMIGRATION

Judge Dolly Gee was right to invalidate the Trump administration’s regulation about the detention of minors, writes Leah Litman at Take Care.

The Trump administration is waging a war on migrants fleeing persecution, writes Omar Jadwat for the ACLU.

 

JUSTICE & SAFETY

Sens. Chuck Grassley (R-Iowa) and Ron Johnson (R-Wis.) asked DOJ to investigate any ties between Ukraine and the 2016 Clinton campaign (POLITICO).

 

CHECKS & BALANCES

Congress should reassert its oversight authority on tariffs, writes Tim Phillips at The Hill.

 

FEDERALISM

A federal judge dismissed a lawsuit from four states over the cap on deductions for state and local taxes in President Trump’s tax law (POLITICO, The Hill).

 

RUSSIAN INTERFERENCE

The Trump administration issued sanctions against several Russians linked to attempted interference in U.S. elections (NYT, WSJ, 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