Nicandro Iannacci  //  9/10/19  //  Daily Update


The House Judiciary Committee announced a proposed set of procedures for its impeachment investigation, which the committee will take up on Thursday. The House Foreign Affairs, Intelligence, and Oversight Committees announced an investigation into the Trump administration’s potential misuse of foreign aid funds to pressure Ukraine. The president claimed he will release an “extremely complete” report of his financial record, offering no specifics and an uncertain timeline. A federal judge in California reinstated a national injunction against the Trump administration’s “safe third country” asylum rule. In a previously undisclosed mission in 2017, the CIA extracted a high-level spy from Russia in part because of concerns that President Trump and his administration mishandled intelligence and could expose the spy. Documents obtained from Scottish government agencies show that President Trump made arrangements between the Glasgow airport and his Turnberry resort prior to taking office. Commerce Secretary Wilbur Ross threatened to fire top employees at NOAA after the agency contradicted President Trump’s claims about Hurricane Dorian’s path. 

 

TRUMP: INVESTIGATIONS & LITIGATION

The House Foreign Affairs, Intelligence, and Oversight Committees announced an investigation into the Trump administration’s potential misuse of foreign aid funds to pressure Ukraine (NYT, WaPo, POLITICO).

The House Intelligence Committee ordered former National Security Adviser Michael Flynn to testify on September 25 (WaPo).

President Trump argued that a federal judge to deny a motion to dismiss his lawsuit challenging New York State’s law that allows Congress to request his tax returns (The Hill).

The president claimed he will release an “extremely complete” report of his financial record, offering no specifics and an uncertain timeline (POLITICO).

 

IMMIGRATION

A federal judge in California reinstated a national injunction against the Trump administration’s “safe third country” asylum rule (ImmigrationProf Blog, NYT, WaPo, WSJ, BuzzFeed News, POLITICO, The Hill).

  • The order of Judge Jon Tigar of the U.S. District Court for the Northern District of California is here.

 

JUSTICE & SAFETY

In a previously undisclosed mission in 2017, the CIA extracted a high-level spy from Russia in part because of concerns that President Trump and his administration mishandled intelligence and could expose the spy (CNN).

President Trump declared that peace talks with the Taliban were “dead” but that he still planned to withdraw U.S. troops from Afghanistan (NYT, WaPo, WSJ, POLITICO).

DOJ charged a Chinese professor in Texas with stealing trade secrets from a U.S. startup on behalf of Chinese telecommunications company Huawei (WSJ, Ars Technica).

 

CONFLICTS OF INTEREST

Documents obtained from Scottish government agencies show that President Trump made arrangements between the Glasgow airport and his Turnberry resort prior to taking office (NYT).

  • The Air Force will review its layover procedures in the face of criticism for its decision to house a crew at the president’s resort (NYT, WaPo, POLITICO).
  • The president said the decision had “NOTHING TO DO WITH ME.” (POLITICO)

FedLoan, the company that rejected 99 percent of applicants for public-service loan forgiveness, has ties to President Trump and DOE Secretary Betsy DeVos (POLITICO).

 

REGULATION

Commerce Secretary Wilbur Ross threatened to fire top employees at NOAA after the agency contradicted President Trump’s claims about Hurricane Dorian’s path (NYT).

  • Political appointees shouldn’t interfere with the work of federal scientists, write Jane Lubchenco, D. James Baker, and Kathryn D. Sullivan at The Washington Post.

A European service that provides abortion pills by mail sued the U.S. government alleging that its shipments were seized and payments blocked (NPR, The Hill).

  • The complaint is here.

The FDA warned e-cigarette maker Juul to stop marketing its vapes as much safer than other cigarette products (POLITICO).

  • The FDA should regulate vaping in a way that balances public health costs and concerns with individual liberty, write Charles E. Binkley and David S. Kemp at Verdict.

The EPA inspector general found that the agency is not effectively implementing a rule to protect against exposure to lead paint (The Hill).

The Trump administration’s legal arguments against California’s emissions deal with carmakers are shaky at best, writes Dan Farber at Legal Planet.

 

FEDERALISM

Attorneys general for 50 U.S. states and territories announced an antitrust probe into Google (WaPo, BuzzFeed News, POLITICO, Ars Technica, The Hill).

 

REMOVAL FROM OFFICE

The House Judiciary Committee announced a proposed set of procedures for its impeachment investigation, which the committee will take up on Thursday (POLITICO).

  • The proposed procedures are here.

Committee Chairman Jerry Nadler (D-N.Y.) said impeachment does not depend on securing testimony from former White House Counsel Don McGahn (POLITICO).

 


Daily Update | October 10, 2019

10/10/19  //  Daily Update

President Trump declared a complete refusal to comply with the House impeachment inquiry unless the full House expressly votes to authorize the inquiry and adopts certain procedures. The White House advised U.S. diplomats to downplay the eventual release of aid funds to Ukraine. Former Vice President Joe Biden announced his support for the president’s impeachment. Former congressman Trey Gowdy joined President Trump’s legal team as an outside adviser. President Trump criticized Turkey’s military offensive in Syria but remained dismissive of Kurdish fighters and reiterated opposition to extended wars. President Trump issued two new executive orders on administrative law related to guidance documents and enforcement actions.

Nicandro Iannacci

Columbia Law School

Daily Update | October 9, 2019

10/9/19  //  Daily Update

The White House issued a scathing letter to Democratic congressional leaders indicating it will not participate in the impeachment inquiry. The Administration directed U.S. Ambassador to the EU, Gordon Sondland, not to appear for his deposition before the House committees. Senate Judiciary Committee Chairman, Lindsey Graham, invited Rudy Giuliani, President Trump’s personal lawyer, to testify about the Ukraine scandal before the committee. The ACLU filed a lawsuit against DHS, alleging the Department is improperly using mandatory marriage interviews as a way to detain and remove immigrants from the US. The Senate Intelligence Committee released Volume 2 of its report on Russian interference in the 2016 Election, including recommendations for preventing future election interference.

Mackenzie Walz

University of Michigan Law School

Daily Update | October 4, 2019

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.

Hetali Lodaya

Michigan Law School