Nicandro Iannacci  //  10/16/19  //  Daily Update

The White House opens a review of the President's Ukraine call, while Rudy Giuliani refuses to comply with a subpoena. Meanwhile, the full Fourth Circuit will reconsider an earlier decision dismissing an Emoluments Clause challenge to the President's business arrangements. And the President again vetoes an attempt to end the emergency declaration along the southern border.

IMPEACHMENT INQUIRY 

The White House has opened its own review of the president’s July call with the president of Ukraine (NYT). 

Vice President Mike Pence and Trump lawyer Rudy Giuliani said they will not cooperate with the House’s impeachment inquiry (WaPo, WSJ).

Former State Department official George Kent told impeachment investigators that he was sidelined from Ukraine policy since May and replaced by the “three amigos” of Energy Secretary Rick Perry, EU Ambassador Gordon Sundland, and special U.S. envoy to Ukraine Kurt Volker (NYT, WaPo).

• Acting Chief of Staff Mick Mulvaney convened the new Ukraine team and has emerged as a key player in U.S. interactions with Ukraine (WaPo).
• Mulvaney and former national security adviser John Bolton took opposite sides in the debate over relations with Ukraine (WaPo, WSJ).

Ambassador Sondland will tell impeachment investigators on Thursday that White House national security officials never expressed concerns to him about his work on Ukraine (WaPo).

In a television interview, Hunter Biden said he demonstrated “poor judgment” in his work overseas but did not do anything unethical (NYT, WaPo, BuzzFeed News, POLITICO).

• The interview with ABC News is here.

House Speaker Nancy Pelosi has decided to hold off a full House vote to authorize the impeachment inquiry (POLITICO).

• Still, House Democrats are increasingly confident in the impeachment process (WaPo).
• The president is increasingly relying on lies and myths to undermine the impeachment inquiry (POLITICO).

White House counsel Pat Cipillone may defend the president, but he should not refuse to participate in the impeachment inquiry, writes former White House special counsel Lanny Breuer in The Washington Post.

The White House has no lawful way to prevent career government officials from testifying before Congress, write Kristin Amerling, Phil Barnett, and Jordan Grossman at Just Security.

TRUMP: INVESTIGATIONS & LITIGATION

The Fourth Circuit agreed to hear en banc on December 12 an Emoluments Clause challenge to President Trump’s D.C. hotel, after a panel dismissed the case (WaPo, POLITICO).

A federal grand jury issued a subpoena to former Rep. Pete Sessions (R-Texas) seeking records and information about his interactions with Trump lawyer Rudy Giuliani and two Ukrainian associates (WaPo, WSJ). 

• Giuliani was paid half a million dollars last year by Fraud Guarantee, the company founded by one of his associates (WaPo).

In an amicus brief to the Second Circuit, New York prosecutors noted that the DOJ has not endorsed the president’s claim that he is immune from state investigations (POLITICO).

IMMIGRATION

President Trump vetoed a second attempt by Congress to end his declaration of a national emergency along the Southern border to build the wall (WSJ).

In an amicus brief to the Ninth Circuit, asylum officers oppose the president’s so-called “Remain in Mexico” program (BuzzFeed News).

The Supreme Court should reject DHS’ argument that it could rescind DACA because of litigation risk, writes Tim Duncheon at The Regulatory Review.

DEMOCRACY

Twitter reaffirmed that it will not take action against President Trump’s Twitter account (NYT).

JUSTICE & SAFETY

Trump lawyer Rudy Giuliani pushed the president to extradite Turkish cleric Fethullah Gullen to Turkey (NYT, WaPo).

DOJ indicted the Turkish bank Halkbank for helping Iran evade U.S. sanctions (NYT, WaPo, WSJ, The Hill).

REGULATION

The Forest Service proposed allowing logging on more than half of Alaska’s Tongass National Forest, the largest temperate rainforest in North America (WaPo).

FEDERALISM

EPA Administrator Andrew Wheeler’s comments about pollution in California is the latest in a series of actions that suggests the Trump administration is targeting California (NYT).

Thanks to a D.C. Circuit decision vacating the FCC’s decision to preempt state net neutrality laws, Washington State’s net neutrality law remains in place (Ars Technica).