Nicandro Iannacci  //  11/28/19  //  Daily Update


Impeachment-related testimony continues. Certain officials react to a district court decision denying absolute immunity to a former administration official, but that decision gets appealed. President Trump makes his 100th taxpayer-funded visit to Mar-a-Lago. And it's Thanksgiving weekend! Enjoy.

 

IMPEACHMENT INQUIRY 

The House Judiciary Committee will hold its first impeachment hearing on December 4 (WaPo). 

OMB official Mark Sandy testified that two other officials in the office resigned earlier this year party because of concerns about President Trump’s decision to withhold military aid from Ukraine (NYT, WaPo, WSJ, POLITICO). 

  • The transcripts of Sandy’s testimony and the testimony of State Department official Amb. Philip Reeker are here.
  • According to new documents, the timeline for withholding aid really begins in June, not July, writes Kate Brannen at Just Security.
  • The hold on aid was illegal, writes Sam Berger at Just Security.

President Trump reportedly knew about a whistleblower complaint about his dealings with Ukraine when he released military aid in September (NYT, WSJ).

DOJ plans to appeal a district court ruling ordering former White House counsel Donald McGahn to testify (POLITICO, The Hill). 

  • Former deputy national security adviser Chuck Kupperman said he will continue to pursue his own lawsuit (The Hill).
  • Former national security adviser John Bolton said he is waiting for the outcome of the Kupperman lawsuit (NYT). 
  • House Democrats say their legal victories won’t slow the impeachment timeline (The Hill).
  • The White House’s claim of absolute immunity is “an assertion of breathtaking scope” with broad ramifications, writes David Post at The Volokh Conspiracy.
  • Bolton may prove to be a critical witness, writes Dean Falvy at Verdict.

Secretary of State Mike Pompeo expressed support for the president’s claim that Ukraine, not Russia, interfered in the 2016 election (WaPo, POLITICO).

Lawfare provides an in-depth account of the Ukraine affair.

Just Security provides a timeline of efforts by Trump associates to work with Ukraine to create misinformation about former Vice President Joe Biden.

 

TRUMP: INVESTIGATIONS & LITIGATION 

Trump lawyer Rudy Giuliani lobbied DOJ on behalf of a wealthy Venezuelan businessman in an effort to prevent criminal charges (NYT, WaPo). 

DOJ and former national security adviser Michael Flynn asked a federal judge to delay his sentencing until after the release of the full Mueller Report (POLITICO).

 

IMMIGRATION

A federal judge in Oregon enjoined the Trump administration’s policy of denying visas unless immigrants purchase health insurance within 30 days or otherwise show they can pay medical costs (POLITICO, The Hill).

ICE’s motion to dismiss a lawsuit over the Trump administration’s policy of arresting immigrants when they appear in state court should be denied, writes Michael Dorf at Verdict.

 

DEMOCRACY 

The House Oversight Committee sued AG Bill Barr and Commerce Secretary Wilbur Ross for subpoenaed documents related to the proposed addition of a citizenship question to the 2020 Census (NYT, WSJ, POLITICO, The Hill).

The memory of former assistant AG John Gore is proving important - and unreliable - in two ongoing lawsuits against the Trump administration, writes Tierney Sneed at Talking Points Memo.

 

JUSTICE & SAFETY 

President Trump plans to designate Mexican drug cartels as terrorist organizations (NYT, WSJ).

The president’s intervention in the review of a Navy SEAL’s disciplinary case undermines the military justice system, write Geoffrey S. Corn and Rachel E. VanLandingham at Lawfare. 

 

CONFLICTS OF INTEREST 

A recently obtained Army contract suggests spending at Trump properties may run afoul of the Domestic Emoluments Clause (CREW). 

President Trump has made 100 taxpayer-funded visits to Mar-a-Lago during his presidency (CREW).

 

REGULATION

The DOL’s inclusion of worker centers in its interpretation of “labor organization” is wrong and should be corrected, write Kate Griffith and Leslie Gates at On Labor.

 

FEDERALISM 

Four states are appealing a legal challenge to the GOP tax law’s limit on state and local tax deductions (The Hill).


Daily Update | December 6, 2019

12/6/19  //  Daily Update

The House begins drafting articles of impeachment. Law professors—including Versus Trump podcast guest Pam Karlan—testify before the Judiciary Committee. And the President asks the Supreme Court to prevent disclosure of his financial records.

Karen Kadish

Columbia Law School

Daily Update | December 4, 2019

12/4/19  //  Daily Update

The House Intelligence Committee releases an impeachment report. The Second Circuit orders Deutsche Bank to turn over to Congress Trump's financial records. And the NYT reports that McKinsey has advised ICE on new immigration policies.

Nicandro Iannacci

Columbia Law School

Daily Update | December 3, 2019

12/3/19  //  Daily Update

Impeachment wrangling continues. There is noteworthy commentary about executive privilege and the nature of impeachment inquiries. And a federal appeals court denies DOJ's request to lift a stay that has halted planned executions of four federal inmates.

Mackenzie Walz

University of Michigan Law School