Written statements of Pamela Karlan, Michael Gerhardt, Noah Feldman and Jonathan Turley can be found here.
Released today here is the Trump-Ukraine Impeachment Inquiry Report.
From the introduction to The Impeachment Process in the House of Representatives (R45769, Updated October 10, 2019): “The House impeachment process generally proceeds in three phases: (1) initiation of the impeachment process; (2) Judiciary Committee investigation, hearings, and markup of articles of impeachment; and (3) full House consideration of the articles of impeachment.”
From the blurb for Rachel Maddow’s Blowout: Corrupted Democracy, Rogue State Russia, and the Richest, Most Destructive Industry on Earth (Crown, Oct. 1, 2019):
In 2010, the words “earthquake swarm” entered the lexicon in Oklahoma. That same year, a trove of Michael Jackson memorabilia—including his iconic crystal-encrusted white glove—was sold at auction for over $1 million to a guy who was, officially, just the lowly forestry minister of the tiny nation of Equatorial Guinea. And in 2014, Ukrainian revolutionaries raided the palace of their ousted president and found a zoo of peacocks, gilded toilets, and a floating restaurant modeled after a Spanish galleon. Unlikely as it might seem, there is a thread connecting these events, and Rachel Maddow follows it to its crooked source: the unimaginably lucrative and equally corrupting oil and gas industry.
With her trademark black humor, Maddow takes us on a switchback journey around the globe, revealing the greed and incompetence of Big Oil and Gas along the way, and drawing a surprising conclusion about why the Russian government hacked the 2016 U.S. election. She deftly shows how Russia’s rich reserves of crude have, paradoxically, stunted its growth, forcing Putin to maintain his power by spreading Russia’s rot into its rivals, its neighbors, the West’s most important alliances, and the United States. Chevron, BP, and a host of other industry players get their star turn, most notably ExxonMobil and the deceptively well-behaved Rex Tillerson. The oil and gas industry has weakened democracies in developed and developing countries, fouled oceans and rivers, and propped up authoritarian thieves and killers. But being outraged at it is, according to Maddow, “like being indignant when a lion takes down and eats a gazelle. You can’t really blame the lion. It’s in her nature.”
Blowout is a call to contain the lion: to stop subsidizing the wealthiest businesses on earth, to fight for transparency, and to check the influence of the world’s most destructive industry and its enablers. The stakes have never been higher. As Maddow writes, “Democracy either wins this one or disappears.”
Compilied by CNN, here is the timeline of recent key events and stories surrounding Trump, Ukraine and the intelligence whistleblower.
The transcript of a controversial phone call in late July between President Donald Trump and Ukraine President Volodymyr Zelensky in which Trump asked his counterpart to look into former Vice President Joe Biden and his son Hunter Biden was released today. Read it here.
Ahead of CNN’s marathon seven-hour climate crisis town hall scheduled to begin at 5 p.m. EDT Wednesday, HuffPost has “put together a cheat sheet to help readers understand the policies each campaign has put forward. This is by no means a comprehensive accounting of the proposals, but it offers a quick way to compare the candidates.”
The Senate Intelligence Committee has released a redacted verion of its report on Russian active measures campaigns and interference in the 2016 US election. Download it this link if interested.
Here is transcript of the former Special Counsel’s prepared statement. Here’s an annotated version of the full redated Mueller report prepared by the Washington Post and a transcript of Mueller’s May 29, 2019 statement.
From the abstract for Stacy Hawkins, Trump’s Dangerous Judicial Legacy, UCLA Law Review Discourse, Vol. 67, 2019:
Reviewing statistical data on the composition of the federal judiciary over the last forty plus years, this paper describes what appears to be President Trump’s deliberate effort to reverse a decades-long trend by his presidential predecessors to diversify the federal judiciary. It then imagines both the motivations for and consequences of this effort. The longstanding commitment to increasing judicial diversity that preceded President Trump reflects a tacit, and at times even explicit, acknowledgement by his presidential predecessors that the legitimacy of our justice system depends on a diverse judiciary. By contrast, Trump’s judicial appointments reveal an increasingly evident ambition to “whitewash” America that has emerged from his larger rhetorical commitment to “Make America Great Again.” Combining the statistical data on the rapidly shifting demography of the federal judiciary under President Trump with insights from the scholarly literature on theories of procedural justice and representative bureaucracy, which posit that the diversity of judges matters to citizens’ perceptions of justice as well as to judicial accountability to minority citizens’ interests, this paper suggests that President Trump’s “whitewashing” of the federal judiciary will have grave consequences for the legitimacy and effective functioning of our courts on behalf of an increasingly diverse citizenry.
From the abstract for Nathan Cortez, Information Mischief Under the Trump Administration, Chicago-Kent Law Review, Vol. 94, No. 2, 2019:
The Trump administration has used government information in more cynical ways than its predecessors. For example, it has removed certain information from the public domain, scrubbed certain terminology from government web sites, censored scientists, manipulated public data, and used “transparency” initiatives as a pretext for anti-regulatory policies, particularly environmental policy. This article attempts to tease out an emerging “information policy” for the Trump administration, explain how it departs from the information policies of predecessors, and evaluate the extent to which both legal and non-legal mechanisms might constrain executive discretion.
From the introduction to China’s Economic Rise: History, Trends, Challenges, and Implications for the United States (RL33534, updated June 25, 2019):
China’s growing global economic influence and the economic and trade policies it maintains have significant implications for the United States and hence are of major interest to Congress. While China is a large and growing market for U.S. firms, its incomplete transition to a free-market economy has resulted in economic policies deemed harmful to U.S. economic interests, such as industrial policies and theft of U.S. intellectual property. This report provides background on China’s economic rise; describes its current economic structure; identifies the challenges China faces to maintain economic growth; and discusses the challenges, opportunities, and implications of China’s economic rise for the United States.
Over the next two days, 20 Democrats will take the stage for the first debates of the 2020 presidential race. Here are three articles that profile the candidates in the context of the Democratic debates:
Nearly 100 internal Trump transition vetting documents were leaked to “Axios on HBO,” identifying a host of “red flags” about officials who went on to get Trump administration jobs and others who never had an administration materialize. Axios redacted personal details that weren’t newsworthy, information from spurious sources, and material the vetting team described as rumors about contenders’ personal lives, and contact and identification information. All the unredacted information is from public sources. Read the documents here.
From the abstract for Mayo Moran, The Problem of the Past: How Historic Wrongs became Legal Problems (2018):
Compensation for historic wrongs was once legally unthinkable. Now such claims are increasingly commonplace and count among law’s most difficult cases. This paper tells the story of how historic wrongs became legal problems and seeks to provide the foundations for a more robust understanding of redress. To date, literature on historic injustice has tended to focus on threshold questions or on the relatively novel terrain of truth commissions, acknowledgement and commemoration. The survivor’s quest for individual redress has, by contrast, garnered relatively little sustained attention even though such claims are among the most disruptive and challenging aspect of this ‘new’ problem of historic wrongs. This project aims to respond to this gap. It begins by seeking to better understand the problem, using three illustrative cases to help trace how historic wrongs came to be among law’s most vexing problems of responsibility. The UK decisions on the Mau Mau uprising highlight how claims that seek redress for historic wrongs often exhibit surprising force, capable of eroding the once-powerful procedural rules that used to protect the past from legal responsibility. Canada’s five billion dollar settlement of claims relating to the legacy of Indian residential school reminds us both of this force and of the challenges law faces when confronted by its own complicity in historic injustice. Finally the US reparations for slavery movement illuminates how, despite defeat in the courtroom, ‘reparative justice’ claims often possess a tenacious quality that makes them capable of moving powerful institutions. Tracing the role law has played in spurring the problem of the past helps to illuminate some of the key features of redress that have to date been all but ignored and provides the basis for developing more effective responses to historic wrongs.
The 2015 Paris Agreement set a global goal to reach net zero emissions in the second half of the century. An increasing number of governments are translating that into national strategy, setting out visions of a carbon-free future. Is it enough? Of course not. But it is becoming the benchmark for leadership on the world stage. See Climate Change News’ Which countries have a net zero carbon goal? for details (regularly updated).
In a letter sent to the President today, the Office of Special Counsel recommends that Presidential advisor Kellyanne Conway should be fired because she has violated the Hatch Act repeatedly in her official capacity. Read the report.
From the blurb for Preet Bharara, Doing Justice: A Prosecutor’s Thoughts on Crime, Punishment, and the Rule of Law (Knopf, March 19, 2019):
Preet Bharara has spent much of his life examining our legal system, pushing to make it better, and prosecuting those looking to subvert it. Bharara believes in our system and knows it must be protected, but to do so, we must also acknowledge and allow for flaws in the system and in human nature.
The book is divided into four sections: Inquiry, Accusation, Judgment and Punishment. He shows why each step of this process is crucial to the legal system, but he also shows how we all need to think about each stage of the process to achieve truth and justice in our daily lives.
Bharara uses anecdotes and case histories from his legal career–the successes as well as the failures–to illustrate the realities of the legal system, and the consequences of taking action (and in some cases, not taking action, which can be just as essential when trying to achieve a just result).
Much of what Bharara discusses is inspiring–it gives us hope that rational and objective fact-based thinking, combined with compassion, can truly lead us on a path toward truth and justice. Some of what he writes about will be controversial and cause much discussion. Ultimately, it is a thought-provoking, entertaining book about the need to find the humanity in our legal system–and in our society.