Media Mentions

Speaker Nancy Pelosi refused to commit Wednesday to delivering articles of impeachment to the Senate, citing concerns about an unfair trial on removing President Donald Trump from office. Senior Democratic aides said the House was “very unlikely” to take the steps necessary to send the articles to the Senate until at least early January, a delay of at least two weeks and perhaps longer...Pelosi’s remarks follow similar comments from House Majority Leader Steny Hoyer, the second-ranking lawmaker in the House, who said Democrats must discuss a last-ditch gambit to delay sending articles of impeachment to the Senate...Hoyer said Democratic colleagues have approached him in recent days, citing an op-ed by constitutional lawyer Laurence Tribe in which he calls on Democrats to delay sending impeachment articles to the Senate until McConnell agrees to run a fairer process. “Under the current circumstances, such a proceeding would fail to render a meaningful verdict of acquittal,” Tribe wrote. Notably, House Judiciary Committee Democrats huddled with Tribe earlier this month as they practiced behind closed doors for their series of impeachment hearings.

On Wednesday, Nancy Pelosi, a Democrat from California and the Speaker of the House, opened the floor debate in an irreconcilable House of Representatives on the impeachment of President Donald Trump...The final tally will also exhibit anew the country’s unrelenting political divisions. In all likelihood, Trump will be acquitted next month, in a similarly one-sided, partisan manner, in the Senate. It is a depressingly predictable set of outcomes and one that will, inevitably, raise questions about both the point of the entire exercise and the wisdom of Pelosi’s decision to pursue impeachment in the first place...For all the second-guessing of Pelosi’s actions, it is difficult to conceive of a responsible alternative path to the one she chose...impeachment cannot function properly in an age of hyper-partisanship. “To succeed, an impeachment must transcend party conflict,” Laurence Tribe and Joshua Matz write in their book “To End a Presidency.” “Since the 1990s, however, impeachment has become increasingly entangled with the daily grind of partisan politics. As a result, the president’s political opponents are quick to frame their major disagreements in terms of impeachment. The president’s supporters, in turn, are quick to dismiss even legitimate impeachment talk as a partisan conspiracy to nullify the last election.”

Firing a customer isn't uncommon. But few can say they've done it under such an intense media spotlight - and personal internal struggle - as Cloudflare co-founder and CEO Matthew Prince. This past August, the man accused of a mass shooting at a Walmart store in El Paso, Texas, posted his manifesto on the online message-board 8Chan. Cloudflare, a web infrastructure and security firm, counted 8Chan among its thousands of customers. Weeks before taking his company public, Prince suddenly found himself in the middle of a national debate about free speech, wrestling with the decision to pull Cloudflare's services, which would practically assure 8Chan's removal from the internet. Prince didn't think his company should decide who can and can't publish on the web. Still, after debating the issue for 24 hours with his team, he ultimately decided 8Chan wasn't following the rule of law. Cloudflare would no longer offer the site its support services...his thoughtful decision making has been met with respect by others in the industry. Evelyn Douek, an affiliate at Harvard's Berkman Klein Center for Internet and Society, commended Prince for "embracing the storm," and noted "he is committed to the hard task of defining a policy that Cloudflare can enforce transparently and consistently going forward."

The Federal Reserve is running the risk of fomenting an eventual financial crisis by easing banking regulations at the same time that it’s cut interest rates. So say some former Fed officials, including ex-Vice Chairman Alan Blinder and financial stability experts Daniel Tarullo and Nellie Liang. They worry that the combination of looser credit and laxer rules will prompt financial institutions and investors to pile on leverage and take excessive risks. While that may spur economic growth in the short run, it could end up triggering a recession once the speculative bets are unwound...Fed leadership though has pushed back hard against suggestions it has made the financial system more vulnerable by loosening regulations, arguing that the capital requirements of the biggest banks remain as tough as ever...Former Fed Governor Daniel Tarullo is not so sure. He zeroed in on the stress tests, including the disclosure of more information about the models behind them. “I suspect quite strongly that the effective amount of capital the banks have to have for a given portfolio is lower because they have so much more information about the stress tests,” said Tarullo, who was the Fed’s point man on regulation after the 2008 crisis and is now at the Harvard Law School.

The holiday season is...a time to be thankful for our blessings, but also to share those blessings with others. So it’s appropriate that this time every year is when we learn about the latest class of Skadden Fellows. As we’ve explained in the past, these prestigious fellowships, “the public-interest world’s version of Supreme Court clerkships or Rhodes Scholarships,” allow their recipients to pursue public interest work on a full-time basis for two years...Elizabeth Gyori JD'19 will vindicate the rights of NYCHA tenants, including those facing privatization of their units under the new Rental Assistance Demonstration (RAD) program, through direct representation, affirmative litigation, and policy advocacy...Vail Kohnert Yount JD’20 will provide comprehensive legal services for low-income workers who have experienced workplace abuse or labor exploitation...Jared Odessky JD'20 will provide direct representation and community education to support low-wage LGBTQ workers in Fresno County and Tulare County California facing discrimination, harassment, and other work-related issues...Emanuel Powell JD'19 will enforce Missouri public records laws, impact litigation, community-driven policy advocacy, and pro se tool creation to support the surviving family members of people killed by the police.

Terming it as a gross violation of human rights, around 400 Indian students studying in various American universities have condemned the "brutal police violence" unleashed against students of Jamia Millia Islamia and Aligarh Muslim University last Sunday. In a detailed statement bearing the names, universities of the students/alumni signatories released on Tuesday, they expressed full solidarity with students across Indian universities who were protesting against the recent passing of what they termed as "the unconstitutional and discriminatory" Citizenship Amendment Act (CAA). "By every account, it appears that police and paramilitary, both at Jamia and at AMU, have used violence and pursued unlawful and reckless tactics against student protesters in violation of protections under the Constitution of India and International Human Rights law," the statement released through Jhalak M. Kakkar LLM '19 of Harvard Law School said.

An article by Noah Feldman: Impeachment seems to have struck a nerve in President Donald Trump. On the eve of the House’s impeachment vote, he sent a six-page public letter to Speaker Nancy Pelosi, replete with self-justification, recrimination, and accusation. I will leave the psychological profiling to others. My job is to address the constitutional arguments, such as they are, in the extraordinary document. They may or may not be made again on the floor of the Senate in the upcoming trial; regardless, Trump has now made them part of the historical record. The constitutional talk starts right up top, in sentence two, in which Trump writes that “the impeachment represents an unprecedented and unconstitutional abuse of power by Democrat Lawmakers, unequaled in nearly two and a half centuries of American legislative history.”

An article by Noah Feldman: Slowly but perceptibly, the Trump administration is moving towards a concrete defense in the president’s Senate impeachment trial: Not that Donald Trump didn’t pressure Ukraine to investigate Joe and Hunter Biden, but that he did — and that there’s nothing wrong with it. The latest indication of this direction comes from the president’s personal lawyer, Rudy Giuliani, who in a couple of press interviews has acknowledged his role in advising President Trump to arrange the firing of the U.S. ambassador to Ukraine, Marie Yovanovitch, because Giuliani believed she stood in the way of getting those investigations. If Trump wanted to focus on the impeachment defense that there was no quid pro quo and that he innocently asked for the investigations in order to fight corruption, then it would be genuinely crazy for his personal lawyer to reveal the specifics of how and what he communicated to the president. Giuliani’s statements are terribly harmful to Trump’s case — and he has now effectively waived attorney-client privilege, so he could be called to testify.

New York City is on track to have one of the nation's more widespread commercial organics diversion mandates in the latest sign of ambitious local policy to boost this growing sector. Earlier this fall, the city's Department of Sanitation (DSNY) proposed a new rule that would expand its existing requirements for the third time to cover approximately 8,000 new businesses and 100,000 tons of annual food waste. In a release marking the announcement, Commissioner Kathryn Garcia described this as the "final phase" of a 2013 law targeting commercial organics in the waste stream...DSNY's latest proposal is also viewed as part of a steadily growing trend around the U.S. As described by a recent report from Harvard's Food Law and Policy Clinic and the Center for EcoTechnology (CET), such regulations are quickly "emerging as a new and effective policy tool" to deal with the numerous detrimental effects of wasted food.

Democratic presidential candidates are promising to fight climate change, but whether they succeed will hinge on their ability to shape an obscure federal agency that has overseen an explosion of fossil fuel infrastructure over the last few decades. The FERC, an independent regulator of pipelines and power markets, derives its authority from decades-old laws that largely predate worries about climate change and were focused primarily on ensuring that energy supplies remain cheap and reliable. But that mandate may interfere with some of the more aggressive climate plans Democrats are contemplating, and candidates are facing pressure to overhaul the agency if elected... “I could imagine doing [climate legislation] in such a way where you don’t need to reform FERC,” said Ari Peskoe, Director of the Harvard Electricity Law Initiative. “If there was just a national [renewable energy standard], you would just need someone to make sure utilities are complying. That could be FERC, but it could also be [the Department of Energy] or EPA as well.”

Republicans have handed Democrats a political gift by making it clear they plan on acquitting President Trump after the most minimal Senate impeachment trial possible. The question is whether Democrats can seize this opportunity. In a divided Congress, House Democrats control one important weapon...they can withhold the articles of impeachment from the Senate — meaning that no impeachment trial can occur until the Republican Senate leadership agrees to some approximation of a fair and thorough process...Harvard Law professor Laurence Tribe recently tweeted that if McConnell “rejects these reasonable ground rules and insists on a non-trial, the House should consider treating that as a breach of the Senate’s oath and withholding the Articles until the Senate reconsiders.” He later clarified in a follow-up tweet that “by ‘withholding’ the Articles I don’t mean not voting for them — I mean voting for them but holding off on transmitting them to the Senate.” Tribe elaborated on this idea further in an email to Salon, comparing this process to a corrupt trial in criminal court: "Imagine this scenario: A prosecutor about to obtain a grand jury indictment learns that the foreman of the trial jury (whose members, for purposes of this thought experiment, we’ll have to assume are known in advance, as is the case with the Senate though not in the typical criminal case) has threatened to let the accused decide how the trial will be conducted — and has intimated that it will be a 'trial' in name only, one orchestrated in close coordination with defense counsel. Other key jurors also announce that they don’t intend to listen to any evidence but have already made up their minds to acquit."

An op-ed by Laurence Tribe: For some time now, I have been emphasizing the duty to impeach this president for abuse of power and obstruction of Congress regardless of what the Senate might end up doing. Now that President Trump’s impeachment is inevitable, and now that failing to formally impeach him would invite foreign intervention in the 2020 election and set a dangerous precedent, another option seems vital to consider: voting for articles of impeachment but holding off for the time being on transmitting them to the Senate. This option needs to be taken seriously now that Majority Leader Mitch McConnell (R-Ky.) has announced his intention to conduct not a real trial but a whitewash, letting the president and his legal team call the shots. Such an approach could have both tactical and substantive benefits. As a tactical matter, it could strengthen Senate Minority Leader Charles E. Schumer’s (D-N.Y.) hand in bargaining over trial rules with McConnell because of McConnell’s and Trump’s urgent desire to get this whole business behind them. On a substantive level, it would be justified to withhold going forward with a Senate trial.

An article by Noah Feldman: The jockeying has already begun over the structure of President Donald Trump’s Senate trial. Senate Majority Leader Mitch McConnell has discussed it with the White House counsel; Senate Minority Leader Charles Schumer has sent McConnell a letter proposing detailed protocols. All this action, even before the House of Representatives has formally impeached Trump, might be making you wonder: Isn’t there some pre-existing trial protocol required by the Constitution? Do we really have to have a debate about how the trial is going to run before it actually happens? The short answers are no, there isn’t a clear constitutional mandate for what the Senate trial should look like; and yes, there really does have to be a fight about what procedures the Senate will use in trying Trump. This seems like a crazy way to do things, but it reflects the framers’ recognition that impeachment as they knew it from England had always had a political side, and their reticence about putting too much detail in the Constitution.

An article by Susan Crawford:  The current state of rules for use of facial recognition technology is literally all over the map. Next month, the city council in Portland, Oregon will hold a public meeting about blocking use of the technology by private companies, as well as by the government. San Francisco, Oakland, Calfornia, and Somerville, Massachusetts, already have banned the use of facial recognition technology by city agencies; Seattle’s police stopped using it last year; and Detroit has said facial recognition can be used only in connection with investigation of violent crimes and home invasions (and not in real time). State governments have their own rules too. In October, California joined New Hampshire and Oregon in prohibiting law enforcement from using facial recognition and other biometric tracking technology in body cameras. Illinois passed a law that permits individuals to sue over the collection and use of a range of biometric data, including fingerprints and retinal scans as well as facial recognition technology. Washington and Texas have laws similar to the one in Illinois, but don't allow for private suits. In other words, we’re headed for a major clash.

An article by Jack Goldsmith and Bob Bauer:  Inspector General Michael Horowitz’s report last week told a complex story about extraordinary events related to the investigation of officials in Donald Trump’s 2016 presidential campaign. Its publication predictably ignited a contest between Democrats and Republicans to extract from the 429-page opus what was most serviceable in the construction of competing political “narratives.” But there is something much more important in the Horowitz report than evidence for political vindication. The report shows that serious reforms are vitally needed in how the FBI and the Department of Justice, of which it is a component, open and conduct investigations—especially those related to politicians and political campaigns. The report prompted concerns from both sides of the aisle, suggesting that there’s an opportunity for serious reflection and reform—if Congress and the executive branch can seize it.

Democrats and President Trump have finally found something they agree on — but a powerful Republican may block their dream from coming true. With the House expected to impeach Trump this week, all eyes will turn to the Senate, where the president is set to face a trial in the new year. And both Democrats and the president, for their own reasons, are hoping for a full-blown trial, replete with bombshell testimony that would keep Americans glued to their TV sets. ... “The last thing they want is something that really exposes the details of how Trump abuses his power. They really don’t want to risk that,” said Laurence Tribe, a constitutional law professor at Harvard University who privately advised House Democrats when they drew up the impeachment articles earlier this month.

Americans were gripped when news broke in September that an anonymous intelligence officer had reported concerns to Congress that President Donald Trump seemed to be trying to use the power of his presidency to exchange investigations into his political rivals for U.S. support of Ukraine. The consequences of the whistleblower’s actions have dominated headlines for months, but in many ways, the complaint, which may lead to Trump’s impeachment by the House this month, was a historical moment that was centuries in the making. ...However, critical gaps remained. While the First Amendment could theoretically protect a government employee who wants to voice irritations with something outside of the purview of their job, it would not necessarily protect them if they spoke out about topics related to their work. “The First Amendment rights of public employees — generally, bureaucrats, civil servants and others — are somewhat limited, because the theory is that although they have rights of expression, they don’t automatically have a right to the job that they hold,” says Laurence Tribe, a prominent Constitutional law professor at Harvard. “If there’s somebody in the [Environmental Protection Agency] who decides that climate change is this grave problem, contrary to the views of the current Administration… They could be fired for that.”

In an interview with MSNBC Ari Melber, Constitutional law expert Laurence Tribe said: "If Trump is impeached "it will be the first time that any president who has been impeached is on trial before a Senate of his own party."

Harvard constitutional law professor Laurence Tribe explained Friday why he believes Senate Majority Leader Mitch McConnell’s (R-Ky.) plan to coordinate with President Donald Trump’s defense team in a Senate impeachment trial may backfire. ...Tribe told MSNBC’s Ari Melber the next day on “The Beat” that it was “disgusting” that McConnell looked like he “is going to conduct this trial as though he’s a member of the defense team.” “You know, it’s an ancient principle — centuries-old, actually over a millennium old — that you can’t be a judge on your own case, and effectively, to allow Donald Trump to call the shots violates that principle,” said the scholar, who has been advising top House Democrats on the impeachment process.

Donald Trump appears to have the full support of Senate Majority Leader Mitch McConnell, leading many to believe that an impeachment trial in the Senate could never result in a conviction. Laurence Tribe, constitutional scholar and author of, ‘To End a Presidency,’ joins Joy Reid to discuss saying, ‘I do think the Democrats should press hard to make this a real trial.’

In recent years, the Northeast region has discussed matching state-driven climate ambitions with ISO-NE's market design. States are working to deploy greater amounts of renewable resources, and a group of U.S. senators from New England wrote ISO-NE about the adoption of renewable energy in the region on Nov. 18. Their letter came after many renewables advocates and states in the region were dismayed to see federal regulators allow a fuel capacity rule go into effect in ISO-NE... "It is not easy to engage on these issues, they're very technical," Ari Peskoe, director of Harvard University's Electricity Law Initiative, told Utility Dive. "A first step is just making people aware of the existence of this organization."