Rachel Thompson  //  9/30/19  //  Daily Update


In 2017, the President told Russian officials he was unconcerned with Moscow’s election interference. The President called for the outing of the anonymous whistleblower in a speech on Sunday, later tweeting that he wanted to meet with them and threatening “Big Consequences!” while alluding to allegations of treason by Democratic lawmakers. FEC Chairwoman Ellen Weintraub took the unusual step of releasing a memo related to foreign election interference on Twitter after its publication in the agency’s digest was objected to by a Republican Commission member. U.S. District Judge Ketanji Brown Jackson issued a preliminary injunction temporarily blocking the expedition of deportations that was challenged by civil rights groups including the ACLU.

 

TRUMP: INVESTIGATIONS AND LITIGATION

The President called for the outing of the anonymous whistleblower in a speech on Sunday, later tweeting that he wanted to meet with them and threatening “Big Consequences!” while alluding to allegations of treason by Democratic lawmakers. (The Hill, Politico)

  • The House Intelligence Panel has reached an agreement to secure testimony from the whistleblower whose complaint led to the ongoing impeachment investigation into the President (WaPo).
  • References to "what we used to do in the old days … with spies and treason" in a speech by the President may constitute witness tampering. (Volokh Conspiracy)
  • The President’s pursuit of the CrowdStrike conspiracy theory during his call with the Ukrainian President calls to mind earlier windmill tilting to discredit the Mueller investigation. (Take Care)
  • Possibly soliciting opposition-research, a “thing of value”, could indicate the President conspired to violate campaign finance laws. (Just Security)
  • The impeachment investigation warrants an inquiry into possible co-conspirators despite the weaponization of executive privilege. (NYT)
  • If found to have leveraged the withholding of aid, it’s possible the President usurped Congressional authority over federal spending. (Volokh Conspiracy)

 

CHECKS AND BALANCES

Given that numerous other investigations are being conducted by House committees, there are procedural issues to be addressed as the impeachment investigation unfoldswrites Don Wolfensberger at The Hill.

  • A rundown of the current investigations and lawsuits, largely related to the President’s finances, is summarized by Naomi Jagoda at The Hill.

FEC Chairwoman Ellen Weintraub took the unusual step of releasing a memo related to foreign election interference on Twitter after its publication in the agency’s digest was objected to by a Republican Commission member, reports Neil Vigdor at NYT.

 

REMOVAL FROM OFFICE

Democratic leaders have begun their recess formulating a messaging strategy - especially as vulnerable members anticipate blowback in their respective districtswrites Sarah Ferris and Andrew Desiderio at Politico.

 

RUSSIAN INTERFERENCE

The President had been repeatedly warned by his former Homeland Security Adviser, Thomas P. Bossert, that there was no basis to the theory that Ukraine, rather than Russia, had interfered with the 2016 electionreports Sheryl Gay Stolberg, Maggie Haberman, and Peter Baker at NYT.

In 2017, the President told Russian officials he was unconcerned with Moscow’s election interference (The Hill, Lawfare)

 

FEDERALISM

Senator Dianne Feinstein has requested that the EPA investigate potential “inappropriate political interference” motivating the President’s efforts to curtail Californian clean air regulationswrites Miranda Green at The Hill.  

 

IMMIGRATION

The Administration has announced a plan to admit far fewer refugees than any previous administration and nearly half as many as the already low bar set the previous year, reports Manar Waheed at the ACLU.

U.S. District Judge Ketanji Brown Jackson issued a preliminary injunction temporarily blocking the expedition of deportations that was challenged by civil rights groups including the ACLU, reports Rachel Frazin at The Hill.


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