Latest in Impeachment

Congress

House Can Receive Mueller Grand Jury Materials, Court Rules

The chief judge of the U.S. District Court for the District of Columbia authorized the release of certain grand jury materials to the House Judiciary Committee relating to the Mueller investigation. The order requires the Department of Justice to provide the committee all redacted components of the Mueller report containing grand jury material by Oct. 30, 2019. The court opinion is available here and below.

Impeachment

Self-Dealing in Ukraine: The Core of the Impeachment Inquiry

As the Ukraine story develops, the public focus has remained largely on wrongdoing by the president outside the realm of criminal law, focusing instead on President Trump’s apparent use of his office for personal gain. On one level, this makes sense: Impeachment is only about removal of the president from office, not about criminal prosecution and imprisonment. So the standards and processes for impeachment are different.

The Ukraine Connection

Clarifying the Scope of the Legal Profession’s Ethical Responsibilities: A Response to John Bies

John Bies’s Sept. 30 post (“Giuliani Cannot Rely on Attorney-Client Privilege to Avoid Congressional Testimony”) is informative but doesn’t quite explain the full scope of a lawyer’s confidentiality responsibilities, nor does it address the implications of Congress compelling an attorney to breach them.

Congress

How Should the House Handle Impeachment?

House Speaker Nancy Pelosi is approaching a fork in the road on the House’s impeachment inquiry. The White House has indicated an unwillingness to cooperate with the inquiry, and so the House has to decide whether to litigate or negotiate over documents and testimony or move forward without them. The House already possesses strong enough evidence to move to a vote on articles of impeachment, and Pelosi can decide to do so quickly.

The Ukraine Connection

House Committees Subpoena Energy Secretary Rick Perry for Documents

The chairmen of the House Committees on Oversight and Reform, Intelligence and Foreign Affairs sent a letter to Energy Secretary Rick Perry compelling him to produce documents for the impeachment inquiry. The subpoena requests information related to Perry’s involvement in President Trump’s July 25 call with Ukrainian President Zelensky and Perry’s other activities in Ukraine. The letter can be found here and below.

The Ukraine Connection

House Committees Subpoena Documents from Lev Parnas and Igor Fruman

The chairmen of three House Committees—Oversight and Reform, Intelligence and Foreign Affairs—sent a letter to John Dowd to compel his clients, Lev Parnas and Igor Fruman, to produce documents as part of the impeachment inquiry. The letter further indicated that Parnas and Fruman are expected to appear for testimony at a later date.

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