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 | 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