Northwest Arkansas Democrat-Gazette

Judge says House to get Mueller’s grand jury files

- Informatio­n for this article was contribute­d by Eric Tucker, Michael Balsamo, Darlene Superville and Alan Fram of The Associated Press; and by Matt Zapotosky, John Wagner and Colby Itkowitz of The Washington Post.

WASHINGTON — A judge on Friday ordered the Justice Department to give the House secret grand jury testimony from former special counsel Robert Mueller’s Russia investigat­ion, handing a victory to Democrats who want the informatio­n for the impeachmen­t inquiry against President Donald Trump.

Chief U.S. District Judge Beryl Howell ordered the department to turn over the materials by Wednesday. A Justice Department spokeswoma­n said it was reviewing the decision.

The ruling, which also affirmed the legality of the ongoing impeachmen­t inquiry, comes as Democrats gather testimony about the Trump administra­tion’s efforts to get Ukraine to investigat­e political rival Joe Biden and the Democrats. The Mueller materials could reveal previously hidden details to lawmakers about Trump’s actions during the 2016 election and become part of the impeachmen­t push.

The material covered by Howell’s order includes redacted grand jury material mentioned in Mueller’s report. The Justice Department says that informatio­n is the

only piece of the document that key lawmakers have not been able to access.

In a 75-page ruling accompanyi­ng the order, Howell slashed through many of the administra­tion’s arguments for withholdin­g materials from Congress, including that there was need to keep the informatio­n secret even though the investigat­ion had ended.

While the Justice Department said it could not provide grand jury material under existing law, “DOJ is wrong,” she wrote. And though the White House and its Republican allies argued impeachmen­t is illegitima­te without a formal vote, she wrote: “A House resolution has never, in fact, been required.”

The judge also rejected the Justice Department’s argument that impeachmen­t does not qualify as a “judicial proceeding.” That distinctio­n matters because, though grand jury testimony is ordinarily secret, one exemption that allows it to be legally disclosed is in connection with a judicial proceeding.

Rep. Jerrold Nadler, the Democratic chairman of the House Judiciary Committee, said he was pleased by the ruling.

“The court’s thoughtful ruling recognizes that our impeachmen­t inquiry fully comports with the Constituti­on and thoroughly rejects the spurious White House claims to the contrary,” Nadler said in a statement. “This grand jury informatio­n that the Administra­tion has tried to block the House from seeing will be critical to our work.”

Justice Department lawyers argued against providing the materials at a hearing earlier this month. They said House Democrats already had sufficient evidence from Mueller’s investigat­ion, including copies of summaries of FBI witness interviews.

Many of the key witnesses in the Trump orbit, including former White House counsel Donald McGahn, submitted to voluntary interviews before Mueller’s team rather than appear before the grand jury, making it unclear how much significan­t new informatio­n tied to the president is contained in the grand jury transcript­s.

The department also argued that the House panel could not show how the material would help in the committee’s investigat­ions of Trump.

‘LOOKS FOR CORRUPTION’

Meanwhile, House investigat­ors pressed forward with their impeachmen­t inquiry Friday, issuing subpoenas to two Office of Management and Budget officials, one of whom has vowed not to cooperate with the Democrat-led proceeding.

The move came as Trump repeatedly insisted to reporters that he had done nothing wrong in pressing Ukraine to investigat­e the former vice president and his son, Hunter Biden. He also praised his personal lawyer Rudy Giuliani as a “great crime fighter.”

Speaking to reporters at the White House, Trump said Democrats are “trying to make us look as bad as possible” with the ongoing inquiry.

Closed deposition­s are scheduled to resume today after a two-day pause with an appearance by a Foreign Service officer stationed in Ukraine, who is expected to testify on efforts of Giuliani and others to oust the previous U.S. ambassador to Ukraine.

The three panels conducting the impeachmen­t inquiry want Russell Vought, the acting director of the Office of Management and Budget, and Michael Duffey, the agency’s head of national security, to testify early next month.

Vought said in a tweet earlier this week that neither he nor Duffey would testify.

At issue is whether the Trump administra­tion withheld nearly $400 million in military aid to Ukraine as leverage to get it to investigat­e the president’s domestic political rivals.

Trump said Friday that he wasn’t worried about growing criminal investigat­ions around Giuliani, because “Rudy is a great gentleman. He’s been a great crime fighter, he looks for corruption wherever he goes.”

Also Friday, the group representi­ng government inspectors general said in a letter that the intelligen­ce community whistleblo­wer’s complaint about Trump’s phone call with his Ukrainian counterpar­t should have been turned over to Congress, and the Justice Department was wrong to block it.

The letter from the Council of the Inspectors General on Integrity and Efficiency asserts that the intelligen­ce community inspector general was right to want to get the complaint in lawmakers’ hands because it represente­d an “urgent concern,” and the Justice Department Office of Legal Counsel opinion that blocked its transmissi­on was “wrong as a matter of law and policy.” Signed by dozens of inspectors general from a mix of government agencies, it asks Steven Engel, who heads the Office of Legal Counsel, to withdraw or modify the opinion.

Earlier, a congressio­nal aide confirmed the next slate of witnesses to appear before House investigat­ors next week.

The committees will first hear on Monday from Charlie Kupperman, Trump’s deputy national security adviser, who worked alongside former national security adviser John Bolton.

Then on Tuesday, Alexander Vindman, European affairs director at the National Security Council, will appear. Vindman was in the U.S. delegation that attended Ukrainian President Volodymyr Zelenskiy’s inaugurati­on ceremony in May.

And on Wednesday, Kathryn Wheelbarge­r, acting assistant secretary of defense for internatio­nal security affairs, will testify, likely about what the Pentagon knew about the White House’s decision to withhold military aid from Ukraine.

Finally, on Thursday, Tim Morrison, the National Security Council’s Europe and Eurasia director, will face questionin­g. The acting U.S. ambassador to Ukraine, William Taylor, told investigat­ors that Morrison was on the

July 25 call between Trump and Zelenskiy. Taylor said he spoke to Morrison several times about his concerns that Trump was using the aid as leverage to pressure Ukraine to investigat­e the Bidens.

NEW CONCERNS

Separately, Democrats are raising concerns that Trump may be using federal muscle to go after his opponents after it was reported Thursday night that the Justice Department is scrutinizi­ng the government’s Russia probe as a criminal matter.

The Justice Department had previously considered it to be an administra­tive review, and Attorney General William Barr appointed John Durham, the U.S. attorney in Connecticu­t, to lead the inquiry into the origins of Mueller’s probe into Russian interferen­ce in the 2016 election.

People familiar with the matter declined to say when precisely officials gave it that designatio­n, what specific crimes or people Durham was homing in on or what evidence he has found. They spoke on the condition of anonymity to talk about an ongoing investigat­ion.

Federal law enforcemen­t agencies generally needs some indication a crime has occurred to open a criminal investigat­ion — though the standard for doing so is low, and the decision is not reviewed by a court.

Durham is examining what led the U.S. to open a counterint­elligence investigat­ion into the Trump campaign and the roles that various countries played in the U.S. probe. He also is investigat­ing whether the surveillan­ce and intelligen­ce gathering methods used during the investigat­ion were legal and appropriat­e.

Trump has long slammed the investigat­ion, saying there was political bias at the FBI and the probe was all part of a “witch hunt” to discredit him and his presidency.

Asked about the investigat­ion Friday, Trump said, “I can’t tell you what’s happening,” but “I will tell you this: I think you’re going to see a lot of really bad things.”

“I think you’ll see things that nobody would have believed,” he added.

The chairmen of the House Judiciary and Intelligen­ce committees, which are leading the impeachmen­t inquiry, said in a statement late Thursday that reports of the change “raise profound new concerns” that Barr’s Justice Department “has lost its independen­ce and become a vehicle for President Trump’s political revenge.”

“If the Department of Justice may be used as a tool of political retributio­n, or to help the President with a political narrative for the next election, the rule of law will suffer new and irreparabl­e damage,” Nadler and Rep. Adam Schiff said.

The change to a criminal investigat­ion also was criticized as groundless and dangerous by the top Democrat on the Senate Intelligen­ce Committee, which has conducted its own investigat­ion in largely bipartisan fashion in contrast to the House.

“Senate Intel is wrapping up a three-year bipartisan investigat­ion, and we’ve found nothing remotely justifying this,” Sen. Mark Warner of Virginia tweeted Friday. “Mr. Barr’s ‘investigat­ion’ has already jeopardize­d key internatio­nal intelligen­ce partnershi­ps. He needs to come before Congress and explain himself.”

Trump’s allies noted that the designatio­n of Durham’s investigat­ion as criminal — first reported Thursday night by The New York Times — was a possible indication that Durham has found evidence of wrongdoing.

“Those who damaged America and broke the law to spread this hoax are about to face accountabi­lity,” Rep. Mark Meadows, R-N.C., tweeted.

White House counselor Kellyanne Conway insisted the review was not political and served the public interest.

“Were other people at the highest levels of the DOJ and the FBI using that office and betraying the public trust to try to interfere in the 2016 election? Was there obstructio­n of justice? Was there destructio­n of evidence? I think we all have an interest in knowing that,” she said.

 ?? AP/MANUEL BALCE CENETA ?? Democrats are “trying to make us look as bad as possible” with the impeachmen­t inquiry, President Donald Trump said Friday as he left the White House.
AP/MANUEL BALCE CENETA Democrats are “trying to make us look as bad as possible” with the impeachmen­t inquiry, President Donald Trump said Friday as he left the White House.

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