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Supreme Court blocks release of Mueller secret grand jury evidence sought by House Judiciary Committee

Supreme Court blocks release of Mueller secret grand jury evidence sought by House Judiciary Committee

While you were focused on the pandemic, Democrats continued to pursue evidence for another impeachment try.

https://www.youtube.com/watch?v=7HvswsAcZvc

The Supreme Court has temporarily blocked an attempt by the House Judiciary Committee to obtain secret grand jury material in the Mueller Russia collusion probe, as had been ordered by the D.C. Circuit Court of Appeals.

Here is the text of the Order:

19A1035      DEPT. OF JUSTICE V. HOUSE COMM. ON JUDICIARY

The application for stay of the mandate presented to The Chief Justice and by him referred to the Court is granted. The issuance of the mandate of the United States Court of Appeals for the District of Columbia Circuit, case No. 19-5288, is stayed pending the filing and disposition of a petition for a writ of certiorari, if such petition is filed on or before June 1, 2020, by 5 p.m. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the issuance of the judgment of this Court. If no petition for a writ of certiorari is filed on or before June 1, 2020, by 5 p.m., the stay shall terminate.

Amy Howe at Scotusblog explains:

Today the Supreme Court blocked the disclosure to the House Judiciary Committee of grand jury materials from the investigation by Special Counsel Robert Mueller…. Today the justices granted that request, temporarily staying the D.C. Circuit’s ruling until DOJ files its petition for review, which now has a June 1 deadline, and the Supreme Court rules on that petition.

The dispute began last year, shortly after Attorney General William Barr released a version of Mueller’s report to Congress and the public that contained redactions made in part under Federal Rule of Criminal Procedure 6(e), to protect the secrecy of grand jury materials. According to the House Judiciary Committee, the redactions at the heart of this case “bear on whether the President committed impeachable offenses by obstructing the FBI’s and Special Counsel’s investigation into Russian interference in the 2016 election and his possible motivations for doing so.”

In July 2019, after DOJ declined to comply with a subpoena for the unredacted Mueller report, the committee went to federal district court in Washington, D.C., where it asked the chief judge, Beryl Howell, to order the disclosure of the parts of the Mueller report redacted under grand jury secrecy rules, as well as the related grand jury materials, such as transcripts and exhibits….

The district court agreed with the committee’s request, reasoning that the rule’s reference to disclosure before a “judicial proceeding” includes disclosures ahead of a Senate impeachment trial. Moreover, the district court concluded, the committee had shown that it had a specific need for the material that outweighed any need for secrecy, particularly because Mueller’s investigation was over.

The DOJ appealed to the D.C. Circuit, which issued a decision in March that upheld the district court’s order. The department then went to the Supreme Court on May 7, asking the justices to intervene to prevent the release of the grand jury materials until it could file a petition for review of the D.C. Circuit’s order and the Supreme Court ruled in the case. Otherwise, the government argued, it would “have to disclose the materials on May 11, 2020, which would irrevocably lift their secrecy and possibly frustrate the government’s ability to seek further review.”

With the May 11 deadline looming, the court on May 8 put a temporary hold – to which the House had not objected – on the release of the grand jury materials and ordered the committee to respond by May 18….

Although the court did not say so explicitly, [the ordered] timetable strongly suggests that the justices do intend to decide whether to take up the case on the merits before they leave for their summer recess, whenever that might be.

Why to Democrats want this material now that the Mueller probe is over? For an impeachment investigation:

The Democratic-led House of Representatives on Monday told the Supreme Court that the House needs secret Mueller grand jury materials to determine if there is new evidence of impeachable offenses involving President Donald Trump.

The House Judiciary Committee has been attempting obtain the documents prosecutors collected from witnesses about Trump in a back-and-forth legal fight that’s now reached the Supreme Court.

“The Committee’s impeachment investigation related to obstruction of justice pertaining to the Russia investigation is ongoing,” Douglas Letter, the House general counsel, said in a court filing Monday.

“If this material reveals new evidence supporting the conclusion that President Trump committed impeachable offenses,” Letter said, “the Committee will proceed accordingly — including, if necessary, by considering whether to recommend new articles of impeachment.”

While you were focused on the pandemic, Democrats continued to pursue impeachment.

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Comments

Has NancyPig commented about Mr. Nadler’s morbid obesity?

Golly. It’s almost like secret grand jury testimony is, you know, secret – just like the law demands.

But WTH is this ‘temporarily blocked’ coupled to the DOJ petition to review??

They’re not actually pursuing impeachment, even they know that, and that’s why their legal case is so full of holes. Everyone knows there’s nothing illegal in his tax returns, the IRS has been through them many times. Any other grand jury items; if there had been anything illegal, it would have been leaked long ago. Pelosi and Nadler want to find something that might be politically embarrassing so that they can use it in the fall campaign – that’s all they’re really after. That’s also why they should lose their bid to see and use this material.

    Concise in reply to Tom Servo. | May 20, 2020 at 9:27 pm

    How could he pursuing impeachment when there is no resolution from the House authorizing this buffonery? Does his committee have standing authority to pursue a presidential impeachment? I thought the last resolution was linked to that Ukraine stupidity.

      Edward in reply to Concise. | May 21, 2020 at 11:46 am

      If San Fran Nan hasn’t already issued a blanket authorization memorandum for both the Wadler and Schiff for Brains to conduct Impeachment Investigations, she will do so and back date the authorization as needed. Nothing but her word is needed for this House to commence Impeachment on the President.

If this “secret” material were released to the Dems, it would be selectively leaked to the MSM within hours. That’s what happened with all the supposedly “secret” material in both the House Intelligence Committee and the House Judiciary Committee.

    notamemberofanyorganizedpolicital in reply to OldProf2. | May 20, 2020 at 9:21 pm

    Imo the DEM leadership has it all and had it concurrently as it was taking place.

    There is no there there, which is why Dems have been lying non-stop.

2smartforlibs | May 20, 2020 at 7:15 pm

Grand Jury is sealed for a reason and that reason isn’t if fatty Nadler wants it.

What are are the odds Pelosi and crew have the grand jury documents and have war gamed and pre-scripted their Impeachment Theater encore and just need the official doc release to move forward?

I am amazed at the lack of effort the d in HOR are making.

All they need to do to bolster their case is:
1. Vote by whole HoR to empower the judiciary committee to consider an impeachment inquiry.
2. Judiciary committee votes to conduct impeachment inquiry

At that point there is an actual impeachment inquiry which would cure any argument from Administration that the HoR can’t have Mueller grand jury material due to:
A. No active impeachment inquiry
B. No legitimate legislative/judicial purpose

The HoR doing so would, of course be a political act, impeachment is an inherently political process, and the average person might be upset with such a course. The HoR arrears to want to avoid taking that political step but receive the grand jury material anyway and at no political cost.

Even if the HoR did authorize an impeachment inquiry the administration still has other objections that the HoR would be forced to overcome.
No sale. IMO.

    1. A vote by the whole House to start another impeachment inquisition might *fail* when enough Dems with iffy seats start to get thinking. Pelosi can’t chance that.
    2. The optics of the House Judiciary Committee sessions for impeachment were a disaster for the Dems. They looked like bozos, and the election is upcoming.
    3. They’d have to figure out an actual crime, because they got royally roasted last time for their paper-thin charges.
    4. Obvious House is obvious. Far too many people would see this political stunt for exactly what it is.

      notamemberofanyorganizedpolicital in reply to georgfelis. | May 20, 2020 at 9:18 pm

      The DEMS are “immorally obese.”

      CommoChief in reply to georgfelis. | May 20, 2020 at 11:55 pm

      georgfelis,

      Exactly. As I stated above, the d in HoR don’t want to potentially pay a political price for the political action of taking a formal impeachment investigation authorization vote.

    Voyager in reply to CommoChief. | May 21, 2020 at 11:46 am

    To set off another impeachment inquiry don’t that have to state what they are impeaching him over this time?

    Do they even have that?

    Voyager in reply to CommoChief. | May 21, 2020 at 11:47 am

    Sorry, hit the down vote button when trying to select reply. Please disregard…

    Edward in reply to CommoChief. | May 21, 2020 at 11:52 am

    The only authorization to conduct an “Impeachment Inquiry” the current session of the House needs is Pelousy’s go ahead. Doesn’t really need to be in writing, though that is better than a Verbal Order.

    Lest we forget the last “Impeachment Inquiry” started with San Fran Nan ordering it to be so. The Socialist-Democrats in the House belatedly voted to authorize what the old hag had already done.

Even allowing for our garbage media and cowardly Republicans, it is still amazing that 90%+ of these bozos will get re-elected in November. The system is not broken; it has been murdered.

    what’s even worse, people actually go to the polls or mail a ballot it to put them back in office every cycle

      ROTONDARON in reply to buck61. | May 21, 2020 at 9:08 am

      There is “NO EXCUSE”, for gross incompetency, in GBMNT! Nadler, & his crew, should be exiled to Iran, or some other nation that would welcome their politcal insanity!

        Wrathchilde in reply to ROTONDARON. | May 21, 2020 at 6:21 pm

        I hear Cuba’s got some great resorts, and the weather’s beautiful this time of year.
        Oh, they have world-class health care too!

        (must I? /s )

OH Deplorable | May 20, 2020 at 9:57 pm

Oswald Cobblepot, sometimes known as Gerald Nadler, or G-NAD. With him, Schumer, AOC and Cuomo, I have to ask. WHAT THE HELL IS WRONG WITH YOU PEOPLE IN NEW YORK?

    oldgoat36 in reply to OH Deplorable. | May 20, 2020 at 10:45 pm

    All of them are totalitarians or mob wanna be types. Cuomo had ties to the mob through his father, which was when they had big time power.

    They have delusions of grandeur of what they can do with unlimited corruption and power.

    Edward in reply to OH Deplorable. | May 21, 2020 at 11:55 am

    Don’t forget Comrade Warren Wilhelm (AKA William DeBlasio).

Nadler, & his Mentally deranged committee, have gone “south”, in their political insanity! Seems to be the “fare of the day”, in the demoncrat party……This “party” once was ‘great”…..{ No More!} Defunct, lost their soul, & simply “don’t care”!

notamemberofanyorganizedpolicital | May 21, 2020 at 9:10 am

Hmmm…..

SUSAN RICE CONFIRMS THAT SHE WAS DIRECTED TO WRITE HER COVER-YOUR-ASS “BY THE BOOK” MEMO BY OBAMA’S WHITE HOUSE COUNSEL

—Ace of Spades

Why to Democrats want this material now that the Mueller probe is over? For an impeachment investigation:
Malarkey. They want it so they can leak any juicy tidbits (or tidbits which can be twisted into juiciness) to their operatives in the press, in order to try and smear Trump before the election.

Which, BTW, is one of the big reasons that grand jury materials are secret to start with.

BierceAmbrose | May 21, 2020 at 12:44 pm

Is there a limit to how much jurisprudence they’re willing to overturn to get what they want?

I say no, but wonder if perhaps fear of what they are unleashing might catch up with them in the end.

notamemberofanyorganizedpolicital | May 21, 2020 at 4:34 pm

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