San Francisco Chronicle

House seeks grand jury evidence

- By Nicholas Fandos and Charlie Savage Nicholas Fandos and Charlie Savage are New York Times writers.

WASHINGTON — The House Judiciary Committee on Friday asked a federal judge to unseal grand jury secrets related to Robert Mueller’s investigat­ion, using the court filing to declare that lawmakers have already in effect launched an impeachmen­t investigat­ion of President Trump.

In a legal maneuver that carries significan­t political overtones, the committee told a judge that it needs access to the grand jury evidence collected by Mueller as special counsel — such as witness testimony — because it is “investigat­ing whether to recommend articles of impeachmen­t” against the president.

“Because Department of Justice policies will not allow prosecutio­n of a sitting president, the United States House of Representa­tives is the only institutio­n of the federal government that can now hold President Trump accountabl­e for these actions,” the filing told the judge, Beryl Howell, who supervised Mueller’s grand jury.

Referring to the part of the Constituti­on that gives Congress the power to impeach and remove a president, the filing continued: “To do so, the House must have access to all the relevant facts and consider whether to exercise all its full Article I powers, including a constituti­onal power of the utmost gravity — approval of articles of impeachmen­t.”

With the filing, the committee’s chairman, Rep. Jerrold Nadler, DN.Y., was attempting to sidestep the debate raging inside the Democratic Party over whether the full House should hold a vote to formally declare that it is opening an impeachmen­t inquiry. In effect, he declared, that inquiry has already begun.

“Too much has been made of the phrase ‘an impeachmen­t inquiry,’ ” Nadler said at a news conference. “We are doing what our court filing says we are doing, what I said we are doing, and that is we are using our full Article I powers to investigat­e the conduct of the president and to consider what remedies there are. Among other things we will consider, obviously, is whether to recommend articles of impeachmen­t.”

Other members of the committee were more forward.

“We’re now crossing a threshold with this filing, and we are now officially entering into an examinatio­n of whether or not to recommend articles of impeachmen­t,” Rep. Veronica Escobar, DTexas, declared.

Democrats hope that Howell will agree that their request for the grand jury material falls into the same legal category as a Nixonera precedent under which the committee gained access to Watergate evidence. But there is a difference that could matter: In 1974, the full House had voted to declare an impeachmen­t inquiry opened.

The new filing comes two days after Mueller testified before Congress for the first time about the findings of his 22month investigat­ion into Russian interferen­ce in the 2016 election and possible obstructio­n of justice by Trump. Republican­s — and some Democrats — said Mueller’s lackluster appearance had all but ended the impeachmen­t threat, and they were not convinced the committee’s actions Friday had changed that.

“Democrats want to convince their base they’re still wedded to impeachmen­t even after this week’s hearing, but a baseless legal claim is an odd way to show that,” said Rep. Doug Collins of Georgia, the ranking Republican on the Judiciary Committee. He predicted that the legal maneuver would fail.

But Democrats who control the panel called Mueller’s testimony an “inflection point” and are now seeking to add more evidence about what they believe to be serious wrongdoing by Trump.

Nadler said the committee would continue the investigat­ion during the House’s sixweek summer recess, calling additional witnesses and filing a lawsuit as soon as next week to force Don McGahn, the former White House counsel, to testify unless he agrees to come voluntaril­y.

 ?? Tom Brenner / New York Times ?? Jerrold Nadler (right), DN.Y., says the informatio­n is needed in order to decide whether to recommend articles of impeachmen­t against President Trump.
Tom Brenner / New York Times Jerrold Nadler (right), DN.Y., says the informatio­n is needed in order to decide whether to recommend articles of impeachmen­t against President Trump.

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