Kyle Skinner  //  10/31/19  //  Daily Update


On the impeachment front, questions emerge about the treatment of former Ambassador to Ukraine Maria Yovanovitch;Just Security reports that the Pentagon warned the White House about withholding funds; and a high-ranking officer testifies that he was troubled by the Trump-Zelensky call. In other news, a three-judge panel stays a lower-court ruling that would have required grand jury materials to be turned over to Congress, and questions linger about who the next DHS head will be.

 

IMPEACHMENT INQUIRY

Tim Morrison, the White House advisor on Russia and Europe, will testify before the impeachment committees today (WaPo). 

Two diplomats testified on Wednesday that Trump’s view of Ukraine was out of step with White House and State Department officials (WaPo).

  • You can read their opening statements at Lawfare.

Questions about the treatment of Maria Yovanovitch, the former ambassador to Ukraine, became central in the Senate confirmation hearing of John Sullivan, Trump’s nominee as amabassador to Russia (WaPo). 

On Tuesday, Lt. Col. Alexander Vindman testified that he was troubled by the call between Trump and Zelensky and that some details were omitted from the rough transcript that he tried to add back in (NYT). 

New reporting shows that the Pentagon warned the White House that if funds for Ukraine were not authorized by August 6, there would not be enough time to spend them before the end of the fiscal year (Just Security).

Bob Bauer analyzes the foundationsn and limitations of Republican ‘due process’ defenses of Trump in the impeachment inquiry (Lawfare). 

 

INVESTIGATIONS & LITIGATION 

Last week’s ruling that documents from the Mueller grand jury investigation should be shown to the House Judiciary Committee has been stayed (The Hill).

 

IMMIGRATION 

An exodus of children fleeing from Central America combined with the Trump Administration’s policies have led to record numbers of minors detained at the border (NYT). 

 

REGULATION

Sean Hecht argues that DOJ’s lawsuit to end the California-Quebec climate treaty was politically motivated, even if not coordinated with the White House (Planet Law). 

 

DEMOCRACY 

Moderate Dems in the House and Senate are urging for appropriations toward election security (The Hill). 

Christopher Wray testifies that he is concerned about election interference from both Russia and China through disinformation campaigns (The Hill).  

Twitter will stop showing political ads starting in November (Ars Techica).

 

JUSTICE & SAFETY 

With the DHS head leaving, there are questions over who will—or could—replace him (WaPo).


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