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


President Trump declared a complete refusal to comply with the House impeachment inquiry unless the full House expressly votes to authorize the inquiry and adopts certain procedures. The White House advised U.S. diplomats to downplay the eventual release of aid funds to Ukraine. Former Vice President Joe Biden announced his support for the president’s impeachment. Former congressman Trey Gowdy joined President Trump’s legal team as an outside adviser. President Trump criticized Turkey’s military offensive in Syria but remained dismissive of Kurdish fighters and reiterated opposition to extended wars. President Trump issued two new executive orders on administrative law related to guidance documents and enforcement actions.

 

IMPEACHMENT INQUIRY

President Trump declared a complete refusal to comply with the House impeachment inquiry unless the full House expressly votes to authorize the inquiry and adopts certain procedures (WSJ).

  • The House is not constitutionally required to officially authorize an impeachment inquiry, writes Keith Whittington at Lawfare.
  • Vox asked 13 legal experts if the White House’s refusal to cooperate was legal and if it means we are in a constitutional crisis. (Vox)
  • Yes, we are in a constitutional crisis, writes Noah Feldman at The New York Times.
  • The White House’s letter, announcing its refusal to cooperate, distorts the purpose of impeachment and the subject matter of the inquiry, writes Tess Bridgeman at Just Security.
  • It also distorts the law and history of impeachment, writes Frank O. Bowman III at Just Security.
  • The categorical refusal to cooperate is clearly an impeachable offense, writes Gene Healy at Cato at Liberty.
  • The letter seeks to reshape the political debate because impeachment is a political fight, writes Molly Reynolds at The New York Times.
  • By refusing to cooperate, the president has placed himself above the law, writes Renato Mariotti at POLITICO Magazine.

The White House advised U.S. diplomats to downplay the eventual release of aid funds to Ukraine (NYT).

  • Diplomats are also under fire for using personal phones and encrypted messenger apps to conduct U.S. policy on Ukraine. (WaPo)

Former congressman Trey Gowdy joined President Trump’s legal team as an outside adviser (NYT, WSJ, POLITICO).

Marie Yovanovitch, former U.S. ambassador to Ukraine, is expected to testify on Friday as part of the House’s impeachment inquiry (WaPo).

Lawyers for the Ukraine whistleblower say the individual is not politically motivated (WaPo).

Former Vice President Joe Biden announced his support for the president’s impeachment (NYT, WaPo, WSJ, POLITICO).

 

DEMOCRACY

A Pentagon analyst was charged with sharing classified information with journalists, the latest in the Trump administration’s efforts to crack down on leaks (NYT).

President Trump declined to criticize China for pressuring the NBA to renounce an executive’s expression of support for protestors in Hong Kong (WaPo).

 

JUSTICE & SAFETY

President Trump criticized Turkey’s military offensive in Syria but remained dismissive of Kurdish fighters and reiterated opposition to extended wars (NYT, WaPo, WSJ).

  • More than 50 House Democrats issued a letter to the president in opposition to his withdrawal of troops from Syria. (WaPo)
  • The substance of the president’s decision is correct and avoids a forever war in Syria, writes Ted Galen Carpenter at Cato at Liberty.

The Trump administration plans to issue some licenses to U.S. companies to supply goods to the Chinese telecommunications company Huawei (NYT).

 

REGULATION

President Trump issued two new executive orders on administrative law related to guidance documents and enforcement actions (Notice and Comment).

A federal judge criticized DOE Secretary Betsy DeVos for failing to comply with an order to stop collecting loan payments from Corinthian College students and is considering sanctions (WaPo).

The Bureau of Land Management proposed a rule to streamline regulations of mineral mining companies (The Hill).

 

RUSSIAN INTERFERENCE

A Senate Intelligence Committee report on Russian election interference is prompting new calls for legislation on election security (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