Hetali Lodaya  //  10/4/19  //  Daily Update

An IRS whistleblower has filed a complaint alleging Treasury Department officials might have interfered with an audit of the president’s or the vice president’s tax returns. The DOJ intervened on Wednesday in the president’s lawsuit against the Manhattan DA’s office over a subpoena of his tax returns, arguing for the case to be in federal court and for temporary relief for the president. The House has stated they will subpoena the White House by the end of the week if they do not hand over requested documents related to the July phone call with Ukranian President Zelensky. A Senior Justice Department official has said they did not open a criminal investigation into the July call because they could not quantify the request for information on Hunter Biden as “a thing of value.” In response to a request for a TRO, Justice Department lawyers have voluntarily agreed to preserve any records of the president’s phone calls and communications with foreign leaders.

TRUMP: INVESTIGATIONS AND LITIGATION

An IRS whistleblower has filed a complaint alleging Treasury Department officials might have interfered with an audit of the president’s or the vice president’s tax returns. (The Hill)

The DOJ has been given six weeks to either charge former FBI Deputy Director Andrew McCabe or drop their suit. (WSJ)

The DOJ intervened on Wednesday in the president’s lawsuit against the Manhattan DA’s office over a subpoena of his tax returns, arguing for the case to be in federal court and for temporary relief for the president. (The Hill)

• The brief is here.

On Thursday, the DA’s Office filed its response, arguing that the intervention would only delay the eventual enforcement of the subpoena. (The Hill) 

IMMIGRATION

DHS plans to begin broadly collecting DNA from detained immigrants. (NYT)

• The rule was written by the Justice Department in response to a finding that federal border officials have not been collecting DNA from detained criminal immigrants, as required by federal law. (Politico)

Apple executives including CEO Tim Cook filed an amicus brief in the Supreme Court’s upcoming DACA case. (The Hill)

• The brief is here.

CIVIL RIGHTS

A petition for certiorari regarding a Louisiana abortion law is one more in a series of efforts by states to get the Supreme Court to eviscerate abortion rights without turning over Roe, writes Leah Litman at Take Care.

REGULATION

Paul Ray has been nominated as the new OIRA Administrator. (Notice and Comment)

The Supreme Court’s decision in Brand X tied the hands of the judges hearing the FCC net neutrality repeal case, writes Jon Brodkin at Ars Technica. 

RULE OF LAW

The Congressional Research Service has shifted its position on whether the Emoluments clause applies to the president, writes Josh Blackman at the Volokh Conspiracy. 

REMOVAL FROM OFFICE

The House has stated they will subpoena the White House by the end of the week if they do not hand over requested documents related to the July phone call with Ukranian President Zelensky. (NYT)

Secretary of State Mike Pompeo is pushing back against House requests to depose several current and former State Department officials. (WaPo)

• The House decision not to subpoena these witnesses has strategic implications, writes Michael Stern at Just Security. 
• Pompeo’s letter indicates that the White House strategy in this investigation will be obstruction justified by executive authority, writes Austin Evers at Just Security. 

A Senior Justice Department official has said they did not open a criminal investigation into the July call because they could not quantify the request for information on Hunter Biden as “a thing of value.” (Buzzfeed)

The president’s two lawyers, Guiliani and Barr, have conflicting public messages regarding the impeachment inquiry. (WSJ)

Guiliani has proposed suing House Democrats over the impeachment probe. (The Hill)

In response to a request for a TRO, Justice Department lawyers have voluntarily agreed to preserve any records of the president’s phone calls and communications with foreign leaders. (WaPo)