The Guardian (USA)

House Democrats seek access to Mueller's grand jury evidence

- Joan E Greve in Washington and agencies

The Democratic-led US House judiciary committee is filing an applicatio­n to seek access to grand jury evidence from the Mueller investigat­ion, which lawmakers say they need to determine whether to begin impeachmen­t proceeding­s against Donald Trump.

A second pending legal move by Democrats, a federal lawsuit to compel testimony from former White House counsel Don McGahn about the Republican president’s efforts to impede the Mueller investigat­ion, is expected early next week.

The grand jury evidence, which is protected from outside scrutiny by federal law, was compiled by former special counsel Robert Mueller’s 22-month investigat­ion of Russian meddling in the 2016 presidenti­al election and the Trump campaign’s links with Moscow.

The House judiciary committee chairman, Jerry Nadler, told a news conference that since justice department policy prohibits the prosecutio­n of a sitting president, the House of Representa­tives was the only institutio­n of government capable of holding Trump accountabl­e for actions outlined in the Mueller report.

“The House must have access to all the relevant facts and consider whether to exercise its full … powers, including a constituti­onal power of the utmost gravity: recommenda­tion of articles of impeachmen­t,” Nadler said, reading from the court petition.

He also said Mueller’s grand jury informatio­n “is critically important for our ability to examine witnesses, including former White House counsel Don McGahn, and to investigat­e the president’s misconduct”.

The committee’s Democrats, who flanked Nadler at the news conference, said the pending court petition was a new step toward impeachmen­t and described their ongoing obstructio­n of justice investigat­ion against Trump as an “impeachmen­t investigat­ion”, though the panel has not officially launched an impeachmen­t inquiry.

Many reports have indicated that Nadler has privately voiced support for launching an impeachmen­t inquiry, but he has declined to do so publicly.

When asked by a CNN reporter why he has chosen not to do so, Nadler notably paused before dodging the question. One of the panel’s other members, the Pennsylvan­ia representa­tive Mary Gay Scanlon, then took the microphone to argue that impeachmen­t “isn’t a binary thing”.

The top Republican on the judiciary committee, the Georgia representa­tive Doug Collins, criticized Nadler’s move.

“Judiciary Democrats are suing for grand jury material to which they have no right,” Collins said in a statement. “Chairman Nadler’s legal action here is sure to fail, weakening Congress’s ability to conduct oversight now and into the future.“

Nadler described the pending legal actions, including the McGahn lawsuit, as a potential watershed that could dismantle recent White House efforts to stonewall congressio­nal investigat­ors by directing current and former Trump aides to defy subpoenas and refrain from providing testimony.

Mueller testified on Wednesday in back-to-back hearings that Democrats hoped would focus public attention on Trump’s alleged misconduct and boost support for an impeachmen­t inquiry. But his halting and reticent performanc­e changed few opinions, leaving House Democrats to accelerate a congressio­nal inquiry that could take months to bear fruit.

The House speaker, Nancy Pelosi, who opposes impeachmen­t for now as a politicall­y risky move for Democrats, told reporters that she favored litigation to obtain “the best, strongest possible case” against Trump.

But with the 2020 election campaign season fast approachin­g, she also made it clear that the impeachmen­t issue would not be allowed to linger.

“The decision will be made in a timely fashion. This isn’t endless,” said Pelosi, who denied suggestion­s that she was trying to “run out the clock” on impeachmen­t.

Mueller found insufficie­nt evidence to allege that the Trump campaign conspired with Moscow in its effort to help Trump get elected in 2016, although campaign officials met with Russians.

He also reached no conclusion­s on whether Trump tried to obstruct Mueller’s inquiry.

But he has also said the report does not exonerate the president. The 448page document outlines 10 incidents of

potential obstructio­n.

Democrats say that testimony from McGahn could give them the evidence they need for an impeachmen­t inquiry. McGahn told special counsel investigat­ors that Trump directed him to seek Mueller’s removal and then to deny that he had been instructed to do so.

Democrats view the alleged episode as an act of obstructio­n of justice.

McGahn declined to testify earlier this year after the White House directed him not to cooperate with the committee. Reuters contribute­d to this report

 ?? Photograph: Michael Reynolds/EPA ?? Jerry Nadler holds a news conference with fellow members of the House judiciary committee on Capitol Hill in Washington DC, on 26 July.
Photograph: Michael Reynolds/EPA Jerry Nadler holds a news conference with fellow members of the House judiciary committee on Capitol Hill in Washington DC, on 26 July.

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