Kyle Skinner  //  10/23/19  //  Daily Update


Trump refers to the impeachment inquiry as a "lynching" while the top U.S. diplomat in Ukraine delivers damning testimony. The President's now-aborted decision to host the G-7 at his resort gets cited in an Emoluments Clause brief. And the Ninth Circuit upholds the operation of the No-Fly List with respect to four plaintiffs who claimed it violates their due process rights.

 

IMPEACHMENT INQUIRY

Yesterday morning, Trump referred to the impeachment inquiry as a “lynching” (Politico). 

The top U.S. diplomat in Ukraine testified yesterday before three House committees (WaPo). 

  • You can find his opening statement at Lawfare.

In a House Judiciary Hearing, representatives of the FBI, DHS, and Election Assistance Commission all stated opposition to Trump asking foreign allies to investigate his political opponents (The Hill).

New reporting shows Trump’s ideas of Ukraine as a corrupt country flowed from conversations with Putin and Hungary’s Orban (WaPo). 

 

INVESTIGATIONS & LITIGATION 

Nearly 200 lawmakers signed onto a brief citing the President's plans to host G-7 at one of his resorts in a case about the Emoluments Clause (The Hill).

An appeals court has tossed Roger Stone’s request to be freed from a gag order so that he can post on social media (The Hill). 

 

CONFLICTS OF INTEREST 

Defense Secretary Mark Esper has recused himself from making a big-money contract decision becuase his son works at one of the companies bidding (WaPo).

 

DEMOCRACY 

Consistent with prior reasoning, the Supreme Court threw out a case about gerrymandering in Michigan (Election Law Blog). 

Meanwhile, a federal court has sent a NC gerrymandering case back to state court (Election Law Blog). 

Facebook has found and removed at least four state-backed misinformation campaigns (Election Law Blog). 

A donor to the Trump inauguration (and to Dems over the years) fund agrees to plead guilty for years of lobbying, tax, and campaign finance crimes (WaPoElection Law Blog).

The Senate blocked two more election security bills yesterday (The Hill). 

 

CIVIL RIGHTS  

An appeals court has ruled that the government can continue to use secret criteria to determine who is on the no-fly list (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