Times Standard (Eureka)

House entitled to Mueller jury testimony

- By Eric Tucker

WASHINGTON >> The Justice Department must give Congress secret grand jury testimony from special counsel Robert Mueller’s Russia investigat­ion, a federal appeals court ruled Tuesday, giving the House a significan­t win in a separation­of-powers clash with the Trump administra­tion.

The three-judge panel said in a 2-1 opinion that the House Judiciary Committee’s need for the material in its investigat­ions of President Donald Trump outweighed the Justice Department’s interests in keeping the testimony secret. The opinion authorizes access to informatio­n that Democrats have sought since the conclusion of Mueller’s investigat­ion, enabling lawmakers to review previously-undisclose­d details from the two-year Russia probe.

Writing for the majority, Judge Judith Rogers said that with Mueller himself having “stopped short” of reaching conclusion­s about Trump’s conduct to avoid stepping on the House’s impeachmen­t power, the committee was able to persuasive­ly argue that it needed access to the underlying grand jury material to make its own determinat­ions.

“Courts must take care not to second-guess the manner in which the House plans to proceed with its impeachmen­t investigat­ion or interfere with the House’s sole power of impeachmen­t,” Rogers wrote, calling the committee’s request for the grand jury material “directly linked to its need to evaluate the conclusion­s reached and not reached by the Special Counsel.”

House Democrats cheered the opinion, with Rep. Jerrold Nadler, the Judiciary Committee chairman, saying the panel “remains committed to holding the President accountabl­e to the rule of law and preventing improper interferen­ce in law enforcemen­t investigat­ions.”

House Speaker Nancy Pelosi called the ruling a rejection of the president’s “insistence that he is above the law” and a further rebuke to Attorney General William Barr. Last week, another federal judge scolded Barr in a separate case for what he said were misleading public statements by the attorney general about Mueller’s findings.

Judge Thomas Griffith issued a separate concurring opinion in Tuesday’s appeals court decision. Judge Neomi Rao, a Trump appointee, dissented, suggesting that the need for the testimony could have waned after Trump’s acquittal at a Senate impeachmen­t trial last month.

“After all, the Committee sought these materials preliminar­y to an impeachmen­t proceeding and the Senate impeachmen­t trial has concluded. Why is this controvers­y not moot?” Rao wrote.

It is unclear when the materials might actually be turned over. The Trump administra­tion can ask the full appeals court to rehear the case, and can appeal to the Supreme Court.

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 ?? JON ELSWICK — THE ASSOCIATED PRESS FILE ?? On April 18, 2019, special counsel Robert Mueller’s redacted report on Russian interferen­ce in the 2016presid­ential election is photograph­ed in Washington.
JON ELSWICK — THE ASSOCIATED PRESS FILE On April 18, 2019, special counsel Robert Mueller’s redacted report on Russian interferen­ce in the 2016presid­ential election is photograph­ed in Washington.

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