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.
Latest in Impeachment
All that’s left to defenders of President Trump in Congress is to make noise.
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.
Over at National Review, former federal prosecutor Andrew C. McCarthy has weighed in on Trump's Ukraine shenanigans and arrived at some out-of-the-box conclusions.
Law professor and former deputy assistant attorney general John Yoo this week declared, “What the framers thought was that the American people would judge a president at the time of an election. They would never have wanted an impeachment within a year of an election.”
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.
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 aggressive letter from the White House counsel to Congress, announcing that the president will not cooperate with the impeachment inquiry, is further evidence of the deterioration of norms in the conduct of senior government positions.
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 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.