Mackenzie Walz  //  10/17/19  //  Daily Update


A House Committee asks for expedited enforcement of a subpoena. New immigration data suggests that Trump is remaking the immigration system. And new info emerges about Mick Mulvaney's role in the Ukraine scandal.

 

TRUMP: INVESTIGATIONS & LITIGATION

Two newly obtained tax documents from President Trump’s records demonstrate reporting inconsistencies, which could amount to bank fraud and tax fraud (ProPublica; WaPo).

The House Oversight Committee requested a federal appeals court to expedite enforcement of the subpoena for President Trump’s financial records (The Hill).

 

IMPEACHMENT INQUIRY

At the direction of President Trump, acting White House Chief of Staff, Mick Mulvaney, placed the hold on Ukrainian aid, which is at the center of the impeachment inquiry (WaPo).

  •       Lawfare explains the legal underpinnings of this action.

Without a sound legal strategy, the impeachment inquiry is decreasing President Trump’s control over his destiny, contends Doug Sosnick for The Washington Post.

 

IMMIGRATION

USCIS released preliminary fiscal year 2019 agency statistics, suggesting the agency has been successfully implementing President Trump’s numerous immigration policies (ImmigrationProf Blog)

 

JUSTICE & SAFETY

In response to strikes on Saudi Arabian oil facilities last month, the United States conducted a secret cyberattack against Iran (Reuters; The Hill).

By a bipartisan vote, the House passed a resolution formally condemning President Trump’s withdrawal of troops from Northern Syria (POLITICO).

  •       President Trump defended the withdrawal, stating it isn’t our border and the Kurds are safer now (NPR).

The United States has resumed providing foreign assistance funding to Guatemala, Honduras, and El Salvador after all three countries signed immigration deals (WaPo).

 

REGULATION

The Administration’s proposal to eliminate disparate impact claims under the FHA will impose a higher burden on claimants, weakening the Act’s protection, argues Linda Morris and Alejandro Agustin Ortiz for the ACLU.

 

CHECKS & BALANCES

Congressional Democrats are protesting President Trump’s reallocation of $200 million in counterdrug efforts to construct his border wall, calling it an abuse of power (WaPo).

Disputes surrounding executive privilege and Congress’ subpoena power are typically resolved via the political process, but some Supreme Court cases shed light on the matters, discusses Steve Vladeck for SCOTUSblog.


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