Politico: “Flynn had been on track to be sentenced Dec. 18… District Judge Emmet Sullivan hasn’t indicated how he will handle Flynn’s shift in defense strategies. But the appointee of President Bill Clinton did agree to a joint request from federal prosecutors and Flynn’s attorneys filed Tuesday night asking reshuffle his sentencing schedule in part because of a Justice Department inspector general report that’s slated for release Dec. 9.”
Supreme Court to Be Tested as Neutral Arbiter
Washington Post: “The court, composed of five conservatives nominated by Republican presidents and four liberals chosen by Democrats, has little choice but to step onto a fiercely partisan battleground. It announced Tuesday that it will consider on Dec. 13 whether to schedule a full briefing and argument on the president’s request that it overturn a lower-court ruling giving New York prosecutors access to Trump’s tax returns and other financial records in their investigation of hush-money payments in the lead-up to the 2016 election. There are many more such evaluations to come.”
“And the first case likely to reach the Supreme Court on the question of Trump’s broad assertion of executive power over those who worked for him features former White House counsel Donald McGahn, who played a pivotal role in the confirmation of Trump’s Supreme Court nominees, Neil M. Gorsuch and Brett M. Kavanaugh.”
Buttigieg Returns Donations from Kavanaugh Lawyers
Pete Buttigieg’s presidential campaign has decided to return thousands of dollars in donations from two lawyers who represented Brett Kavanaugh in his controversial confirmation hearing, The Guardian reports.
Justice Department Appeals McGahn Ruling
As expected, the Justice Department has filed an appeal to yesterday’s ruling that former White House counsel Don McGahn must comply with a congressional subpoena.
Supreme Court Shields Trump’s Tax Records for Now
“The Supreme Court is shielding President Trump’s financial records from House Democrats for now,” the New York Times reports.
“The delay allows the justices to decide how to handle the House subpoena and a similar demand from the Manhattan district attorney at the same time.”
“The House’s quest for the records is not part of the ongoing impeachment inquiry, but the court’s action probably means Democrats will not have the records before an expected vote on impeachment by year’s end.”
Judge Rules White House Officials Must Testify
“A federal judge has ruled that close presidential advisers aren’t immune from being forced to testify in congressional inquiries in an opinion that could eventually clear the way for numerous administration officials to be summoned as part of the impeachment investigation of President Trump,” the Wall Street Journal reports.
“U.S. District Judge Ketanji Brown Jackson struck a blow against a decades-old legal doctrine known as complete immunity, which has long been asserted by lawyers representing presidential administrations of both parties but has remained largely untested in the courts.”
House Wants Tax Returns for Impeachment Probe
Los Angeles Times: “Lawyers for the House, citing the ‘rapidly advancing impeachment inquiry,’ urged the Supreme Court on Thursday to reject President Trump’s bid to shield his tax returns and financial records from congressional investigators.”
Kennedy Asked Trump to put Kavanaugh on Court
“It was a historic moment in April 2017 when Supreme Court justice Anthony M. Kennedy presided over the ceremonial Rose Garden swearing-in for the court’s new member, Neil M. Gorsuch: the first time a sitting justice was joined on the nation’s highest court by one of his former law clerks,” the Washington Post reports.
“But a secret meeting moments later in the White House was just as significant, according to a new book by Ruth Marcus.”
“Kennedy requested a private moment with President Trump to deliver a message about the next Supreme Court opening, Marcus reports. Kennedy told Trump he should consider another of his former clerks, Brett M. Kavanaugh, who was not on the president’s first two lists of candidates.”
- The Republicans began plotting their takeover of the Supreme Court thirty years ago. Brett Kavanaugh set his sights on the court right out of law school. Washington Post journalist and legal expert Ruth Marcus goes behind the scenes to document the inside story of how their supreme ambition triumphed.
- Hardcover Book
- Marcus, Ruth (Author)
- English (Publication Language)
Justices Temporarily Halt Subpoena for Trump Taxes
“The Supreme Court on Monday issued an administrative stay blocking House Democrats’ subpoena for President Trump’s tax returns until both sides can file the necessary legal papers,” Axios reports.
“The lower court order compelling Trump’s longtime accounting firm Mazars USA to turn over the president’s financial records will be delayed until the Supreme Court decides whether to take up Trump’s appeal.”
Trump Again Asks Justices to Shield Tax Returns
“For the second day in a row, President Trump asked the Supreme Court on Friday to protect his personal and business financial records from disclosure, this time to a congressional committee,” the Washington Post reports.
Kavanaugh Praises Ruth Bader Ginsburg
“In his first public speech as justice, one year after a polarizing Supreme Court confirmation, Brett Kavanaugh heaped gratitude on his supporters and extended an olive branch to critics with praise for the court’s liberal wing,” ABC News reports.
Said Kavanaugh: “They are patriots. They love our court and love our country.”
“Kavanaugh notably singled out Justice Ruth Bader Ginsburg — a celebrated feminist icon reviled by some right-wing activists — as an ‘inspiration.'”
He added: “I’m grateful for Justice Ginsburg for being so generous to me. Ruth Ginsburg is an inspiration.”
Senate Confirms Wildly Controversial Court Pick
“The Senate voted Thursday to make Steven Menashi a lifetime federal judge, despite his inflammatory writings about women’s rights and diversity, his refusal to answer senators’ questions and his role in devising an illegal Education Department effort to deny debt relief to students cheated by for-profit colleges,” the HuffPost reports.
“Democrats questioned his qualifications ― he has never tried a case, made oral arguments in court or conducted a deposition ― as well as his temperament.”
“Every Democrat present voted against confirming Menashi… Every Republican present but one, Sen. Susan Collins, voted to confirm him.”
Trump Will Appeal Tax Return Case to Supreme Court
President Trump’s lawyers told a judge they’ll ask the U.S. Supreme Court next week to block a subpoena from the Manhattan district attorney seeking his tax filings and other financial records, Bloomberg reports.
Key Witness in Impeachment Probe Asks Court
“A key witness in the impeachment investigation filed a lawsuit Friday asking a federal judge to rule on whether he can testify, a move that raises new doubts about whether President Trump’s closest aides, like the former national security adviser, John Bolton, will be able to cooperate with the inquiry,” the New York Times reports.
“House Democrats had subpoenaed the witness, Charles Kupperman, who served as Mr. Trump’s deputy national security adviser, to testify on Monday. But in an effort to stop Mr. Kupperman from doing so, the White House said on Friday that the president had invoked ‘constitutional immunity,’ leaving Mr. Kupperman uncertain about what to do.”
“The implications of the suit, filed in federal court in Washington, extend beyond Mr. Kupperman. His lawyer, Charles Cooper, also represents Mr. Bolton and is likely to address congressional requests for his testimony in a similar fashion.”
Justices to Consider Consumer Finance Watchdog
“The Supreme Court will review whether the leadership structure of the Consumer Financial Protection Bureau is constitutional, a case with ramifications for the president’s powers to control the direction of independent government agencies,” the Wall Street Journal reports.
Volatile Term Tests Supreme Court
Washington Post: “The Supreme Court has a powerfully controversial docket for its term beginning Monday that will test Chief Justice John G. Roberts Jr.’s efforts to portray the institution as above the noisy and partisan battles of the moment.”
“Two unknowns — the health of the court’s oldest member, Justice Ruth Bader Ginsburg, and whether the court will be drawn into legal controversies arising from the House Democrats’ impeachment inquiry into President Trump — add to the uncertainty.”
Supreme Court Will Consider Louisiana Abortion Law
“The Supreme Court will review a restrictive Louisiana law that gives the justices the chance to reconsider a recent ruling protecting abortion rights,” the Washington Post reports.
“The court said Friday it would consider whether the 2014 law requiring doctors at abortion clinics to have admitting privileges at nearby hospitals unduly burdens women’s access to abortion. Clinic owners said the effect of the law would be to close most of the state’s abortion clinics and leave the state with only one doctor eligible to perform the procedure.”
Slate: This Supreme Court term will launch a conservative revolution.
Quote of the Day
“Now, she has so much less to push up I don’t think that’s fair.”
— Chief Justice John Roberts, quoted by CNN, when asked if he could do as many push ups as Justice Ruth Bader Ginsburg.
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