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@ericawerner Here's GAO's legal conclusion. It says it is the DHS Inspector General to determine who should actually be the Homeland Security secretary. And it's asking the IG to examine the "consequences of actions taken" by improperly appointed officials.
gao.gov/assets/710/708…
@ericawerner It's important to remember that GAO is Congress' research arm. Its determinations aren't binding, even if they're a persuasive analysis of the law and facts. The impact, if any, will be when these arguments show up in court as people challenge DHS policies under these officials.
@ericawerner It's also interesting that GAO referred this to the Inspector General. This is basically a legal question, and to the extent the executive branch will have an opinion on the relevant law, it's not going to be the IG's.
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Brad Heath
@bradheath
Guys, under the president's unemployment plan, nobody gets the $300 in federal aid unless their state agrees to come up with $100. He's trying to shoehorn this through disaster aid programs and the relevant law requires a 25% state match. No match, no federal aid.
Which makes this report from @NPR especially timely:
Here's the relevant part of the president's memorandum. To get the money, states must 1) request it; 2) match 25%; and 3) administer the program.

And all that leaves aside the very interesting question of whether giving people $400 complies with the Stafford Act.
Read 5 tweets
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Brad Heath
@bradheath
The en banc D.C. Circuit holds that Congress has standing to seek judicial enforcement of its subpoena to Trump's former White House counsel. The "constitutional structure and historical practice support judicial enforcement of congressional subpoenas."
The ruling overturns a D.C. Cir. panel decision that the House could not use federal courts to enforce its subpoenas.
The majority concludes by tossing the case back to the original panel - which ruled against the House - to decide on a bunch of McGahn's other challenges to the subpoena, meaning this decision doesn't mean he'll be compelled to testify any time soon.
Read 4 tweets
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Brad Heath
@bradheath
The Manhattan DA's office told a federal court today that it's seeking President Trump's financial records as it investigates "public allegations of possible criminal activity at ... New York-County based Trump Organization dating back over a decade."
The DA's office also says its investigation is not limited to the illegal "hush money" payments ex-Trump lawyer Michael Cohen orchestrated to prevent two women from describing extramarital affairs with Trump.
The DA's filing reflects a more wide-ranging inquiry. It says a grand jury should be allowed to gather Trump's financial records to "assess whether a pattern of financial misconduct, for example, might violate state criminal law."
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