Ruling: Justice Dept. must give grand jury evidence to Congress

WASHINGTON — The Justice Department must release to congressional Democrats secret grand jury evidence lawmakers are seeking in ongoing investigations into President Donald Trump, a federal appeals court in Washington ruled Tuesday.

The divided ruling, which can be appealed, is a victory for Democratic lawmakers in one of a set of separation-of-powers lawsuits filed before the House voted to impeach Mr. Trump in December and before the Senate acquitted him in February.

The U.S. Court of Appeals for the D.C. Circuit upheld a lower court order that gives Congress access to certain secret material from Robert Mueller’s investigation into Russian interference in the 2016 presidential election.

The 2-1 decision is unlikely to be the final word and does not mean the redacted material from Mr. Mueller’s final report will be immediately turned over to Congress. The ruling can be appealed to the full court or to the Supreme Court.

Judge Judith Rogers found that the House in its impeachment investigation was legally engaged in a judicial process that exempts Congress from secrecy rules that typically shield grand jury materials from disclosure. Grand jury records, she noted, are court records — not Justice Department records — and have historically been released to Congress during the course of impeachment probes.

“Where the Department is legally barred from handing over grand jury materials without court authorization, judicial restraint does not empower Congress; it impedes it,” wrote Judge Rogers, who was joined by Judge Thomas Griffith.

Judge Neomi Rao dissented.