Fed judge orders Justice Depart turn over Mueller Grand Jury

[seemslikeadream]

Federal judge orders Justice Department to turn over Mueller grand jury material
The judge also determined, despite arguments to the contrary from the White House, that the House had launched "an official impeachment inquiry"

Oct. 25, 2019, 2:49 PM CDT
A federal court judge on Friday ordered the Department of Justice to turn over grand jury material referenced in redacted portions of special counsel Robert Mueller's report to the House Judiciary Committee.

Beryl Howell, the chief judge for the Washington, D.C. circuit court, ordered DOJ to turn over the materials by Wednesday, Oct. 30.

"The Department of Justice claims that existing law bars disclosure to the Congress of grand jury information," Howell wrote. "DOJ is wrong."

The judge also found that despite public protestations from the Trump administration that House Democrats have not actually launched a formal impeachment inquiry, one is underway.

The White House Counsel's office has refused to cooperate with the inquiry, arguing it's illegitimate because the House didn't hold a formal vote to declare one.

"Even in cases of presidential impeachment, a House resolution has never, in fact, been required to begin an impeachment inquiry," Howell wrote.

The Judiciary Committee "has shown that it needs the grand jury material referenced and cited in the Mueller Report to avoid a possible injustice in the impeachment inquiry," and that the "need for disclosure is greater than the need for continued secrecy."
https://www.nbcnews.com/politics/trump- ... d_bn_tw_bn

[seemslikeadream]

emptywheel
‏

Wasn't gonna do this but here goes, on Howell's ruling that HJC gets GJ materials. As you read along, remember that Howell has approved the overwhelming majority of 500 warrants used in Mueller investigation.

https://ecf.dcd.uscourts.gov/cgi-bin/sh ... 9gj0048-46 …

Howell provides this practical reason to give Congress access: they shouldn't have to replicate a 2 year investigation, and some witness could (and did, in the case of Erik Prince) tell Congress something different than they told Mueller.


Howell mentions 3 things Manafort was involved in--June 9, sharing polling data, and optimizing Wikileaks releases--that Congress should get to know about.



In identifying gaps in Mueller's investigation, Howell raises one that limited Mueller but does not (Congress claims) limit them--attorney-client privilege.



She points to the fact that Mueller wasn't able to charge June 9 bc Jr refused to be interviewed (tho did not refuse to Congress, who didn't have the same evidence).



Howell emphasizes Trump's lies. (Remember that Congress has rock-solid evidence Trump lied about Trump Tower Moscow and withheld evidence from HPSCI on that topic.)



Get the feeling Howell has seen enough to think Trump should be indicted?



Howell digs DCC for misciting the key language here.



https://www.law.cornell.edu/rules/frcrmp/rule_6 …

Howell notes that DOJ seems unaware of the precedent in DC.

"Puzzling."



Howell goes all School House Rock on DOJ, which apparently needs a basic lesson in American history.



Then she does the Hamilton word cloud thing, which one day might be set to music and performed on Broadway.



Howell references a Rao dissent that most people think is crazy but nevertheless agrees that impeachment is a trial. (Nicely done...)



Howell clearly hates McKeever but she's going to use it to invoke as much pain on DOJ here and elsewhere as she can.



Judge Howell: I'd estop your speedily evolving assess if binding precedent didn't estop you for me.





It's like Howell is watching a series of Republicans whine about Schiff's use of depositions in an impeachment inquiry.


And reminds them that even Judge Rao thinks the House investigation is akin to a grand jury.



Howell calls Republicans bright line rule abt voting on impeachment both "cherry-picked" and contrary to the Constitution.

Ouch!



"Even were [the Republican argument] accurate, which it is not."


Judge Howell catches Doug Collins trying to give away the House's Constitutional independence, and refuses to allow him.



Having refused Doug Collins' efforts to give his Article I authority away, Howell then refuses to let DOJ steal it.


https://twitter.com/emptywheel/status/1 ... 2763935745