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House Lawyers Say They May Use Mueller Grand Jury Materials In Senate Impeachment Trial

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Lawyers for the House Judiciary Committee told a federal appeals court Monday that congressional impeachment managers could use grand jury materials from former special counsel Robert Mueller’s investigation in President Donald Trump’s Senate trial.

The U.S. Court of Appeals for the D.C. Circuit asked House lawyers and the Department of Justice to address whether the House’s impeachment vote effectively ended a legal fight over a subpoena for the Mueller grand jury materials, which are under seal. Congress cited impeachment proceedings as one justification for its subpoena.

“The Committee continues to seek the withheld material for use in impeachment — both because the material bears on the current Articles of Impeachment and could accordingly be used in a Senate trial on those Articles, and because the Committee is continuing to conduct its inquiry into whether the President committed other impeachable offenses,” Monday’s filing from House lawyers reads.

“Expedited consideration of DOJ’s appeal is now even more essential to prevent the Trump Administration from obstructing Congress in its efforts to obtain the information it needs to carry out its constitutional responsibilities,” the filing adds.

The grand jury materials bear on both articles of impeachment, House lawyers wrote. One passage in the Mueller’s final report pertains to the first article, abuse of power. That section concerns Trump campaign chairman Paul Manafort and allegations of Ukrainian interference in the 2016 presidential election. Trump asked the new Ukrainian administration to investigate those charges. Another section that piqued Democratic interest involves a peace plan for Ukraine’s ongoing conflict with Russia.

House lawyers said grand jury evidence supporting those passages “would be important to the House’s presentation of the evidence and the Senate’s consideration of the first Article of Impeachment.”

Other grand jury records go to the second article, obstruction of Congress, because they could elucidate the president’s alleged attempts to obstruct the Mueller investigation. Such evidence could help establish a pattern of behavior relevant to Senate proceedings, House lawyers argued

“Although the Second Article of Impeachment focuses on President Trump’s categorical and indiscriminate obstruction of the House impeachment inquiry, the consistency of this obstruction with his broader pattern of misconduct is relevant and striking,” the filing reads.

The D.C. Circuit will hear arguments in the case on Jan. 3. The court will also hear arguments in the House’s bid to compel former White House counsel Don McGahn’s testimony that same day. House lawyers similarly rejected arguments that the impeachment vote mooted the McGahn case, saying information McGahn provides might serve as a basis for additional articles of impeachment.

For its part, the Department of Justice warned the D.C. Circuit against quick resolution of the McGahn case, lest it be seen as improper judicial intervention in the impeachment fracas.

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2 Comments

  1. https://criminal.findlaw.com/criminal-procedure/how-does-a-grand-jury-work.html

    How a grand jury works is much more relaxed than
    normal court room proceedings. There is no judge present and frequently there are no lawyers except for the prosecutor. The prosecutor will explain the law to the jury and work with them to gather evidence and hear testimony. Under normal courtroom rules of evidence, exhibits and other testimony must adhere to strict rules before admission. However, a grand jury has broad power to see and hear almost anything they would like.

    However, unlike the vast majority of trials, grand jury proceedings are kept in strict confidence. This serves two purposes:

    1. It encourages witnesses to speak freely and without fear of retaliation.
    2. It protects the potential defendant’s reputation in case the jury does not decide to indict.

    That’s why democrats want thier claws into the sealed materials….

  2. Slap me ! Shake me !! Throw cold water in my face !! Anything !!! Just let me wake up from this nightmare!!! As long as the sheeple follow the greedy power mongers’ bell it won’t stop.
    Oopps! How did the sheeple get to Congress? You guessed it !…….Now the question becomes “Will they be allowed to stay there?”

    The House have rolled in their slop water long enough. They have told millions of Americans that their votes are nothing! They have called the Ukrainian President a Liar, and made a stack of accusations and lies higher than the new Trade Center….They don’t give a rats patukie about Biden, they just don’t want you to find out ‘their’ part in this mess….it might include Pelosi’s son as well as Hunter.

    2020 is a MAKE OR BREAK year for our God given Nation…..OUR President has stirred up the hornet’s nest and it’s up to YOU and I to jump in and keep it going. WE CAN unclog the Swamp drain by getting off our ‘comfy’ and hitting the bricks for new, improved candidates….We “talk” a good game….now it’s time to PLAY A GOOD GAME….

    IF the braying keep the House and take the Senate…Well, #1 will impeach OUR CHOICE of President and then cancel all the progress that’s been made….unemployment goes up, national security goes down.
    It’s a choice…STOP THE MADNESS !!!

    We’ve been given this beautiful patch work quilt of a country full of beauty and prosperity….Now we must strive to ‘deserve’ it.

    In prayer for our Nation

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