The Department of Justice (DOJ) on Monday told a federal court that House Democrats no longer have a need for grand jury materials from former special counsel Robert MuellerRobert (Bob) Swan MuellerSchiff: Trump acquittal in Senate trial would not signal a ‘failure’ Jeffries blasts Trump for attack on Thunberg at impeachment hearing Live coverage: House Judiciary to vote on impeachment after surprise delay MORE‘s investigation because the impeachment articles against President TrumpDonald John TrumpFormer pro golfer advanced business interests of indicted Giuliani associates: report Republican group to run ads in target states demanding testimony from White House officials in Trump impeachment trial Mulvaney deputy tapped for White House tech post MORE didn’t cover matters from the Russia probe.
The Democratic-led House Judiciary Committee has long argued for access to secret materials from Mueller’s investigation, claiming Trump’s alleged obstruction of the special counsel probe was relevant to Democrats’ impeachment efforts.
But lawyers for the DOJ today said that case was undermined by House Democrats’ decision last week to vote to impeach Trump on two articles that looked narrowly at Trump’s dealings with Ukraine and obstruction of Congress.
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“Neither article of impeachment adopted by the House, however, alleges high crimes or misdemeanors stemming from the events described in the Mueller Report,” they told the U.S. Court of Appeals for the D.C. Circuit. “Accordingly, nothing appears to remain of the Committee’s alleged need for the grand-jury materials in the Mueller Report.”
The filing is the latest back and forth in a fight over redacted materials from Mueller’s investigation. Lawyers for the Democratic House Judiciary Committee insist the grand jury documents are still relevant to their investigation.
In a filing to the D.C. Circuit court last Monday — two days before the House impeachment vote — lawyers for the Democrats told the appellate court that the secret materials were needed for Trump’s impeachment inquiry and likely Senate trial. Lawyers for the committee are expected to submit another filing today to update a panel of judges on why the materials are still urgently needed.
In October, Democrats scored a win when a federal district court judge said the Justice Department should hand over the redacted materials from Mueller’s probe. D.C. District Court Judge Beryl Howell, an Obama appointee, said House Democrats had provided a legitimate reason for seeking the documents, citing their impeachment inquiry into Trump.
The DOJ had argued that the impeachment inquiry was not legitimate because it had not been authorized in a vote by the full House, an argument Howell rejected. The DOJ appealed that ruling to the circuit court.
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During oral arguments before a panel of D.C. Circuit Court judges last month, a lawyer for the House Judiciary Committee said Democrats were looking into whether Trump misled Mueller.
House attorney Douglas Letter highlighted grand jury testimony of Trump’s former campaign chairman Paul ManafortPaul John ManafortDOJ argues Democrats no longer need Mueller documents after impeachment vote Trump had brief encounter with Giuliani on Saturday On The Money: Senate chairman opposes cannabis banking bill | Panel advances Trump pick for Small Business Administration | Judge tosses NY state fraud charges against Manafort MORE, saying Manafort’s statements could shed light on whether written responses Trump provided to the special counsel were untruthful.
The former special counsel’s 448-page report contains redacted passages detailing information gleaned during grand jury proceedings.
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