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


The House Judiciary Committee released its Resolution for Investigative Procedures related to proposed impeachment investigation of the President. Last week on Versus Trump, Jason discussed the continuing illegal intransigence of the Department of Education, with Eileen Connor and Toby Merrill of Harvard's Project on Predatory Student Lending. The President appeared to be promoting campaign apparel during remarks about Hurricane Dorian from Camp David – with the merchandise later appearing on the reelection website. The U.S. Air Force has ordered a world-wide review of how it chooses overnight accommodations on long flights following revelations that air crews had occasionally stayed at President Donald Trump's Scotland resort while refueling at a small commercial airport nearby. 

 

PODCAST

Last week on Versus Trump, Jason discussed the continuing illegal intransigence of the Department of Education, with Eileen Connor and Toby Merrill of Harvard's Project on Predatory Student Lending. 

 

IMMIGRATION

The oral argument in the TPS case featured a line of questioning that suggested one of the judges had not read the relevant Supreme Court case, writes Leah Litman at Take Care.

The differences in enforcement and details of how other efforts to combat human trafficking have slowed under the Trump administration are highlighted by Stef W. Kight and Juliet Bartz at Axios.

 

CONFLICTS OF INTEREST

The President appeared to be promoting campaign apparel during remarks about Hurricane Dorian from Camp David – with the merchandise later appearing on the reelection website, reports Jordan Libowitz at CREW.

The U.S. Air Force has ordered a world-wide review of how it chooses overnight accommodations on long flights following revelations that air crews had occasionally stayed at President Donald Trump's Scotland resort while refueling at a small commercial airport nearby, reports Politico.

 

CRIMINAL JUSTICE

The zone of interests test does not apply to causes of action in equity seeking to enjoin unconstitutional conduct, writes Joshua Matz on Take Care -- and if the test does apply, it doesn't prevent federal defenders from challenging arbitrary limits on attorney access under the Sixth Amendment, he explains in a second post.

 

DEMOCRACY

Recent procedural skirmishes over the appointment of new commissioners to the Federal Election Commission could delay actual oversight, writes Kenneth P. Doyle at Bloomberg Government.

 

FEDERALISM

The DOJ, EPA, and DOT have issued letters to automakers regarding their recent commitments to align with the California Air Resources Board (CARB) in an apparent attempt to prevent the state from influencing automotive efficiency standards beyond those requested by the Administration, reports Kate Cox at ArsTechnica.

  • Citing apparent inconsistencies with undisclosed federal laws and alluding to legal consequences the government’s action could be interpreted as spiteful (LegalPlanet).

 

REMOVAL FROM OFFICE

The House Judiciary Committee released its Resolution for Investigative Procedures related to proposed impeachment investigation of the President, writes Quinta Jurecic at Lawfare.

  • The panel could vote as early as this Wednesday on the resolution (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