Baltimore Sun

High court keeps secret Mueller grand jury material from Congress

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WASHINGTON— The Supreme Court is denying Congress access to secret grand jury testimony from special counsel Robert Mueller’s Russia investigat­ion through the November election.

The justices agreed on Thursday to hear the Trump administra­tion’s appeal of a lower court order for the material to be turned over to the Democratic-controlled House of Representa­tives. The high court’s action will keep the documents out of congressio­nal hands at least until the case is resolved, which is not likely to happen before 2021.

Arguments might not even take place before Americans decide whether to give President Donald Trump a second term.

The delay is a victory for Trump, who also is mounting a Supreme Court fight against congressio­nal efforts to obtain his banking and other financial records. Those cases are expected to be decided in the coming days or weeks.

The court’s action also could mean the justices never have to reach a definitive ruling in a sensitive dispute between the executive and legislativ­e branches of government, if either Trump loses reelection or Republican­s regain control of the House next year. It’s hard to imagine an administra­tion of Democrat Joe Biden would object to turning over the Mueller documents or

House Republican­s would continue to press for them.

The House wants previously undisclose­d details from the investigat­ion of Russian interferen­ce in the 2016 election.

Rep. Jerrold Nadler, D-N.Y., chairman of the House Judiciary Committee, called the court’s decision disappoint­ing.

“Unfortunat­ely, President Trump and Attorney General (William) Barr are continuing to try to run out the clock on any and all accountabi­lity. While I am confident their legal arguments will fail, it is now all the more important for the American people to hold the President accountabl­e at the ballot box in November,” Nadler said in a statement.

The federal appeals court in Washington ruled in March that the documents should be turned over because the House Judiciary Committee’s need for the material in its investigat­ion of Trump outweighed the Justice Department’s interests in keeping the testimony secret.

Mueller’s 448-page report, issued in April 2019, “stopped short” of reaching conclusion­s about Trump’s conduct, including whether he obstructed justice, to avoid stepping on the House’s impeachmen­t power, the appeals court said.

The materials initially were sought last summer, but by the time the appeals court ruled in March, Trumphad been impeached by the House and acquitted by the Senate.

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