Acting U.S. Attorney in D.C. says this is enormous investigation. "The capital grounds outside and inside are, essentially, a crime scene and scale in which we have literally 1000s of potential witnesses, and a scenario in which we're going to have hundreds of criminal cases."
More Sherwin: "The gamut of cases and criminal conduct we're looking at is really mind blowing." Simple trespass, theft of mail or digital devices, assault on officers, national security information, felony murder, civil rights excessive force, and more.
More Sherwin: The initial charges are only the beginning. "This is not the end.... We're looking at significant felony cases tied to sedition and conspiracy."
Has a strike force to build conspiracy charges related to "the most heinous acts that occurred in the Capitol."
Here's the upshot for Congress: Supreme Court says lawmakers need to consider four things when subpoenaing the president:
-Are documents really needed to for legislative purpose?
-Is subpoena as narrow as it can be?
-More details the better on need.
-How burdensome on Prez?
And in that way the Supreme Court limited congressional subpoena power, and the opinion describes the House’s approach as "essentially no limits on the congressional power to subpoena the President’s personal records.
New: DC Circuit panel rules DHS does not have to go through rulemaking process to expand its fast-track deportation process to a broader swath of immigrants, including those encountered anywhere in U.S. within 2 years of crossing
More now that I've read it: This wasn't a close call for the panel. This lifts a nationwide injunction that had been in place since September. There are still constitutional and INA claims in the case.
This process takes about 11 days on average and since 2004 applied to immigrants encountered within 100 miles of a land border or within 14 days of an illegal crossing. This new rule would be anywhere in U.S. within two years of crossing and went into immediate effect.
New: The judicial branch has organized a COVID-19 Task Force "as a single point of contact within the Judiciary to share information and guidance relating to the coronavirus outbreak" as it relates to the courts, per @uscourts
The judicial branch task force includes representatives from Federal Occupational Health, the General Services Administration, the Marshals Service, and other federal partners, the Administrative Office of the U.S. Courts said.
Individual courts are coordinating with state and local health officials to obtain current local information. And the AO is providing them with guidance on human resources, budget, and other operational issues, as well as continual updates from the CDC, per AO statement.
New: DC Circuit orders dismissal of House Judiciary Committee's lawsuit to force former WH Counsel Don McGahn to testify. Reasons to come shortly in order.
Could be a huge blow for congressional oversight, depending on the reasons.
The opinion is up, and it's a blow to Congress: DC Circuit agrees with Trump administration that "Article III of the Constitution forbids federal courts from resolving this kind of interbranch information dispute."
The Executive Branch's exertion of immunity "may seriously and even unlawfully hinder the Committee's efforts to probe presidential wrongdoing," but that's not something that can get them into court, DC Circuit rules.
New: Schedule on lawsuit from former NSC official Charles Kupperman on Intelligence Committee subpoena in impeachment inquiry. Oral argument Dec. 10. Judge Leon indicated he wanted to rule by late Dec. or early Jan.
Judge Leon also said when it's a matter that's of this importance to the country, you "roll up your sleeves and get the job done." He said that after DOJ asked for some relief for a deadline right after Thanksgiving weekend.
Kupperman's lawyer pointed out that the subpoena is the first brought on a small cadre of White House advisors, which Judge Leon then estimated at 8-12 people.
Kavanaugh answers a question from @SenFeinstein about his use of the term "abortion-inducing drugs," which was tweeted about by Hillary Clinton and others. Only recounting plaintiff's assertions, he says.
Kavanaugh says his description of Roe v. Wade in a 2003 email was comments on the view of legal scholars, and "did not describe my own views."
House Judiciary has *quite* a federal courts bill on the agenda for Thursday: 52 new district judges, SCOTUS real time audio w/in 2 years; video streaming of all appeals court proceedings w/in 2 years, SCOTUS justices must explain recusals on website (!) judiciary.house.gov/wp-content/upl…
And there's another bill to add five more appeals court judges to the 9th Circuit and break it into four divisions (Northern, Middle, Southern and Circuit). judiciary.house.gov/wp-content/upl…
Those bills are in addition to this bill on limiting nationwide injunctions