Nicandro Iannacci  //  10/22/19  //  Daily Update


House Democrats slow the impeachment inquiry. President Trump dismisses the Emoluments Clause as "phony," but watchdog groups disagree and now say that he has over 2,500 conflicts of interest. Facebook takes down foreign misinformation. And the House moves to dismiss a lawsuit by the President seeking to prevent Congress from getting his tax returns.

 

IMPEACHMENT INQUIRY

House Democrats have decided to slow the impeachment inquiry, with a likely extension into the Christmas season (NYT). 

  • Even as support for impeachment has risen among most Americans, Republicans remain almost unanimously opposed (NYT).

On Monday, House Republicans failed to censure Intelligence Chairman Rep. Adam Schiff (D-Calif.) for his leadership of the impeachment inquiry (POLITICO).

  • The Senate Intelligence Committee is pursuing a comparatively slower and narrow investigation (WSJ).

Several Democrats are considering a bid to replace the late Rep. Elijah Cummings (D-Md.) as chairman of the Oversight Committee (WaPoPOLITICO).

In a letter to Acting DNI Joseph Maguire and IG Michael Atkinson, Senator Minority Leader Chuck Schumer (D-N.Y.) asked for an outline of “specific steps” being taken to protect the Ukraine whistleblower (POLITICO).

  • The letter is here.

Congress has a constitutional duty to provide oversight of the executive branchwrites Caroline Frederickson at The New York Times.

The core of the impeachment inquiry is the president’s potentially criminal self-dealing in Ukrainewrites Philip Zelikow at Lawfare.

Collecting negative information about Vice President Joe Biden was connected to a related effort to investigate 2016 election interferencewrites Ryan Goodman and Alex Potcovaru at Just Security.

Congress should act in the interest of voters and impeach the presidentwrites Marci Hamilton at Verdict.

 

TRUMP: INVESTIGATIONS & LITIGATION

Lawyers for President Trump and New York prosecutors agreed to an expedited schedule for resolving a dispute over the president’s tax returns, including possible Supreme Court review (Lyle Denniston Law NewsPOLITICO).

The House asked a federal judge to dismiss President Trump’s lawsuit to prevent Congress from obtaining his tax returns (WaPoThe Hill).

 

IMMIGRATION

The White House determined that Acting USCIS Director Ken Cuccinelli and Acting CBP Commissioner Mark Morgan are ineligible under the Vacancies Act to serve as acting DHS Secretary (NYTWSJPOLITICO). 

The Trump administration plans to collect DNA samples from asylum seekers and other detained migrants for addition to a federal criminal database (APBuzzFeed News).

The administration has made it more difficult for employers to gain approval for foreign workerswrites Stuart Anderson at Forbes.

 

JUSTICE & SAFETY

President Trump announced that a limited number of troops will remain in Syria (WaPoWSJ).

A British judge denied a request from Julian Assange to delay his U.S. extradition hearing, setting the first full hearing for February (WaPoThe Hill).

 

CONFLICTS OF INTEREST

President Trump dismissed concerns about his prior decision to host the G7 at one of his Florida properties, referring to the “phony” Emoluments Clause (NYTPOLITICO).

The president has accrued more than 2,500 conflicts of interest (CREW).

  • CREW’s new conflicts tracking tool is here.

 

CHECKS & BALANCES

A majority of Americans disapprove of President Trump’s Supreme Court picks and have little or no confidence in any future picks (The Hill).

More than any president before him, President Trump uses the Recommendations Clause to block congressional efforts to obtain policy recommendationswrites Benjamin Schwartz at Lawfare.

 

RUSSIAN INTERFERENCE

 Facebook announced that it took down four disinformation campaigns from Iran and Russia (NYTWaPoThe Hill).

  •  The company also announced a series of “election integrity efforts” to address future threats (Ars Technica).

 


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