On March 10, the U.S. Court of Appeals for the D.C. Circuit ruled in Committee on the Judiciary v. Department of Justice that House of Representatives should have access to the redacted grand jury material referenced in the Mueller report.
Latest in Mueller Documents
Judge Reggie Walton’s ruling demanding in camera review of the unredacted Mueller report underscores how much the Trump administration has squandered the executive branch’s goodwill with the judiciary.
On Feb. 28, the U.S. Court of Appeals for the D.C. Circuit dismissed the House Judiciary Committee's lawsuit to compel the testimony of former White House Counsel Don McGahn. Writing on behalf of the court, Judge Thomas B. Griffith wrote, "The Department of Justice (DOJ), on behalf of McGahn, responds that Article III of the Constitution forbids federal courts from resolving this kind of interbranch information dispute. We agree and dismiss this case." The opinion is available here and below.
In a Jan. 29 court filing, government prosecutors backed away from an earlier recommendation that former national security adviser Michael Flynn serve up to six months in prison. Instead, prosecutors agreed with the defendant that probation remained a “reasonable sentence” that they would “not oppose.”
In its suit to obtain Mueller investigation grand jury materials, the House of Representatives has highlighted what it argues is a contradiction that "cannot be reconciled" between the Justice Department's position on impeachment and that expressed by President Trump's lawyers in his impeachment trial before the Senate. While the department has argued that a Senate impeachment trial is not a "judicial proceeding," the president's attorneys referred to the Senate as a "court" in the impeachment proceedings.
On Tuesday, the Chief Judge Beryll Howell of the U.S. District Court of the District of Columbia issued an order to unseal and for the government to publish warrants for searches against former Trump lawyer Michael Cohen obtained in Special Counsel Robert Mueller’s investigation. The five warrants can be read below.
Warrant, July 18, 2017
On Tuesday, the Washington Post reported that Special Counsel Robert Mueller had submitted a letter to Attorney General Bill Barr on March 27 related to the letter Barr sent to Congress on March 24 summarizing the Mueller report. Mueller’s letter is available below.
The U.S. Court of Appeals for the D.C. Circuit has rejected Andrew Miller's petitions for both a panel rehearing and a rehearing en banc in his effort to quash a subpoena issued by the grand jury empaneled to examine matters related to the Mueller investigation. Miller was an associate of Roger Stone, who was indicted in January on charges related to obstruction of a proceeding, false statements and witness tampering.
Editor’s Note: Below are the executive summaries of the two volumes of Special Counsel Robert Mueller's final report. Volume I deals with links between Russia and the Trump campaign, while Volume II deals with potential obstruction of justice by President Trump. This article is available in audio format on the Lawfare Podcast: Special Edition: