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Justice Department must disclose secret Mueller grand jury evidence to Congress, appeals court finds Justice Department must disclose secret Mueller grand jury evidence to Congress, appeals court finds
(about 1 hour later)
The Justice Department must release to congressional Democrats secret grand jury evidence lawmakers are seeking in ongoing investigations into President Trump, a federal appeals court in Washington ruled Tuesday.The Justice Department must release to congressional Democrats secret grand jury evidence lawmakers are seeking in ongoing investigations into President Trump, a federal appeals court in Washington ruled Tuesday.
The divided ruling, which can be appealed, is a victory for Democratic lawmakers in one of a set of separation-of-powers lawsuits filed before the House vote to impeach President Trump and his acquittal in the Senate in February.The divided ruling, which can be appealed, is a victory for Democratic lawmakers in one of a set of separation-of-powers lawsuits filed before the House vote to impeach President Trump and his acquittal in the Senate in February.
The U.S. Court of Appeals for the D.C. Circuit upheld a lower court order that requires the department to disclose to the House certain secret material from Robert S. Mueller III’s investigation into Russian interference in the 2016 presidential election.The U.S. Court of Appeals for the D.C. Circuit upheld a lower court order that requires the department to disclose to the House certain secret material from Robert S. Mueller III’s investigation into Russian interference in the 2016 presidential election.
The 2-1 decision is unlikely to be the final word and can be appealed to the full court or to the Supreme Court.The 2-1 decision is unlikely to be the final word and can be appealed to the full court or to the Supreme Court.
House is investigating whether Trump lied to Mueller, its general counsel told a federal appeals courtHouse is investigating whether Trump lied to Mueller, its general counsel told a federal appeals court
Judge Judith W. Rogers wrote the majority opinion, joined by Judge Thomas B. Griffith, who agreed with her overall judgment. Judge Neomi Rao filed a dissent. Judge Judith W. Rogers found the House in its impeachment investigation was legally engaged in a judicial process that exempts Congress from secrecy rules that typically shield grand jury materials from disclosure.
The appeals court was reviewing an earlier ruling from Chief U.S. District Judge Beryl A. Howell who found the House, in its impeachment investigation, was legally engaged in a judicial process that exempts Congress from secrecy rules that typically shield grand jury materials from disclosure. Grand jury records, she noted, are court records and have throughout history been turned over to Congress in the course of impeachment proceedings.
Justice Department lawyers had urged the court to stay out of a political dispute between Congress and the Trump administration, and said exemptions allowing disclosure in certain cases do not apply to an impeachment proceeding. DOJ lawyers suggested a previous Watergate-era ruling affirming that grand-jury materials could be shared with the House during the investigation of President Nixon had been wrongly decided. “Grand jury records do not become Executive Branch documents simply because they are housed with the Department of Justice,” wrote Rogers, who was joined by Judge Thomas B. Griffith. “Congress has repeatedly obtained grand jury material to investigate allegations of election fraud or misconduct by Members of Congress.”
The third judge on the panel, Neomi Rao, filed a dissent.
The appeals court was reviewing an earlier ruling from Chief U.S. District Judge Beryl A. Howell. Justice Department lawyers had urged the appeals court to stay out of a political dispute between Congress and the Trump administration, and said exemptions allowing disclosure in certain cases do not apply to an impeachment proceeding.
Appeals court in D.C. rules judges may not create exceptions to grand-jury secrecy rulesAppeals court in D.C. rules judges may not create exceptions to grand-jury secrecy rules
Justice Department lawyers suggested a previous Watergate-era ruling affirming that grand-jury materials could be shared with the House during the investigation of President Richard Nixon had been wrongly decided.
But the court majority disagreed, finding that secrecy concerns do not outweigh the House’s “compelling need for disclosure.”
The House Judiciary Committee’s “need for the grand jury materials remains unchanged. The Committee has repeatedly stated that if the grand jury materials reveal new evidence of impeachable offenses, the Committee may recommend new articles of impeachment,” Rogers wrote in a 26-page opinion.
Federal courts, Rogers wrote, have long authorized the disclosure of grand jury materials for use in impeachment investigations involving two presidents and three federal judges.
“It is only the President’s categorical resistance and the Department’s objection that are unprecedented,” Rogers wrote.
Read the opinion
The lawsuit was filed before the formal start of the impeachment inquiry centered on Trump’s alleged effort to pressure Ukraine to investigate a political rival. But House lawyers told the court that lawmakers are still trying to determine whether Trump lied in his written responses to questions from Mueller’s investigators.The lawsuit was filed before the formal start of the impeachment inquiry centered on Trump’s alleged effort to pressure Ukraine to investigate a political rival. But House lawyers told the court that lawmakers are still trying to determine whether Trump lied in his written responses to questions from Mueller’s investigators.
Lawmakers said they needed access to the material to try to establish a pattern of the president’s conduct.Lawmakers said they needed access to the material to try to establish a pattern of the president’s conduct.
Trump’s legal team contradicts DOJ position on subpoenas, House lawyers sayTrump’s legal team contradicts DOJ position on subpoenas, House lawyers say
In court, he speaks for Speaker Nancy PelosiIn court, he speaks for Speaker Nancy Pelosi
Who is paying President Trump's lawyers at impeachment trial?Who is paying President Trump's lawyers at impeachment trial?
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