Emily Morrow  //  10/18/19  //  Daily Update


President Trump plans to host the next G-7 meeting in June at the Trump National Doral Miami resort. Energy Secretary Rick Perry plans to resign from his cabinet position, reportedly by the end of the year. And Acting White House Chief of Staff Mick Mulvaney said President Trump blocked military aid to Ukraine in part to compel the government to investigate corruption among Democrats in the 2016 presidential campaign.

 

CONFLICTS OF INTEREST

  •  President Trump will host the next Group of 7 (G-7) meeting in June at the Trump National Doral Miami resort, raising potential legal and ethical concerns amid ongoing investigations and emoluments clause litigation(NYTPoliticoWaPo). 
    • Climate change will not be a topic on the agenda, writesBrett Samuels at The Hill.

IMMIGRATION

  •  The Supreme Court heard oral arguments in Kansas v. Garcia, addressing whether federal immigration law preempts a state identity fraud law in a case involving prosecution of undocumented immigrants(ImmigrationProf BlogSCOTUSBlog).


REGULATION

  • Energy Secretary Rick Perry plans to resign from his cabinet position, reportedly by the end of the year(NYTBuzzFeed News).
  • U.S. Department of Education assistant secretary for special education and rehabilitative services, Johnny Collett, plans to resign at the end of this weekwritesMichelle Diament at Disability Scoop.


DEMOCRACY

  •  Facebook CEO Mark Zuckerberg gave a speech at Georgetown University defending Facebook as a safeguard for free expression even as it faces criticism for policies pertaining to political speech(NYTPoliticoWSJ).
    • Highlighting free expression as a “paramount” value for Facebook is an important first step before the launch of an independent Oversight Board for content moderation, writesJohn Samples at Cato


JUSTICE & SAFETY

  •  The U.S. and Turkey have agreed to a five-day cease-fire of Turkish attacks in northern Syria so that Kurdish fighters can withdraw from the Turkish border; in return the U.S. agreed to remove economic sanctions imposed this week(NYTWaPoWSJ).


IMPEACHMENT INQUIRY

  •  Acting White House Chief of Staff Mick Mulvaney said President Trump blocked military aid to Ukraine in part to compel the government to investigate corruption among Democrats in the 2016 presidential campaign(NYTPoliticoWaPoWSJ).
  • U.S. ambassador to the E.U., Gordon Sondland, testified before House impeachment investigators that President Trump delegated U.S. policy with Ukraine to Rudolph Giuliani(NYTWaPo).
    • A transcript of Sondland’s opening statement is here.
    • Initial analysis the testimony is available hereand here.
  • House investigators have tentatively scheduled additional closed-door interviews next week, including with Bill Taylor of the U.S. Embassy in Ukraine(WaPo).
  • Representative Elijah Cummings of Maryland, who served as chairman of the House Oversight and Reform Committee, died following health problems(NYTWaPo)
  • A federal judge ruled that the Department of Justice improperly redacted a court filing and must release the names of two key figures related to the Mueller investigationwritesHarper Neidig at The Hill.
  • From a textualist perspective, the list inArticle II, Section 4 of “treason, bribery, or high crimes and misdemeanors” as grounds for impeachment might not be exclusivearguesRichard Primus in Balkinization.

CHECKS & BALANCES

  • The Senate failed to override President Trump’s veto of a resolution terminating the national emergency at the southwest border, thus federal funds may still be diverted for the construction of a border wall(NYT).




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