Kyle Skinner  //  9/26/19  //  Daily Update


The Trump administration released a rough transcript the President’s conversation with the president of Ukraine. The Senate has voted for a second time to overrule the national emergency Trump announced to allow building the border wall, but failed to get enough votes to defeat a veto. A federal judge has ruled that the Trump administration has violated the law by delaying visas for Afghans and Iraqis who worked as translators for the military. A judge in New York has issued a one-day stay of a subpoena of Trump’s financial documents.

 

IMPEACHMENT

Democrats seem to be attempting to limit impeachment discussions to the Ukraine phone call, in which Trump urged Ukraine to “do us a favor” and investigate Biden (Politico, NYT, WaPo).

The Trump administration released a rough transcript the President’s conversation with the president of Ukraine (available at Lawfare). 

  • The OLC argues that because the whistleblower complaint does not involve an “urgent concern” that there is no statutory requirement that the complaint be communicated to Congress (available at Lawfare). 
  • It is unclear to what extent the Acting Director of National Security fought the administration to testify before Congress (WaPo). 
  • Adam Schiff has demanded further explanation from Bill Barr (Lawfare). 
  • Legal counsel for the whistleblower has indicated that they are willing to directly testify before Congress (Lawfare). 
  • Ilya Somin argues that if Trump threatened to withhold funding to Ukraine, that he was undermining Congress’ power of the purse (Volokh Conspiracy).
  • Barbara McQuade writes that the conversation may also constitute honest services fraud (Just Security).
  • Stephen Griffin writes that, as in past impeachment discussions, those defending the President will attempt to conflate the language of impeachment and criminal law (Balkanization).
  • Alan Rozenshtein argues that impeachment language should not be “over legalized” (Lawfare). 

 

IMMIGRATION

The Senate has voted for a second time to overrule the national emergency Trump announced to allow building the border wall, but failed to get enough votes to defeat a veto (NYT). 

A federal judge has ruled that the Trump administration has violated the law by delaying visas for Afghans and Iraqis who worked as translators for the military (Immigration Prof Blog).

 

DEMOCRACY

Black voters are suing over a Jim Crow-Era election law (NPR). 

 

CIVIL RIGHTS

Citizenship applications are backed up, “prolonging the wait for civil and voting rights” (Conversation). 

 

INVESTIGATIONS

A judge in New York has issued a one-day stay of a subpoena of Trump’s financial documents (The Hill). 

A judge has overturned the guilty verdict against one of Michael Flynn’s business partners (NYT, The Hill, Lawfare). 


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