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U.S. NEWS Wednesday 11 March 2020

Court: House entitled to Mueller probe grand jury testimony

By ERIC TUCKER The case is one of sev-
Associated Press eral disputes between the
WASHINGTON (AP) — The Trump administration and
Justice Department must Congress that courts have
give Congress secret grand grappled with in recent
jury testimony from special months. The two sides had
counsel Robert Mueller's been similarly at odds on
Russia investigation, a fed- the question of whether
eral appeals court ruled McGahn could be forced
Tuesday, giving the House to testify about Trump's
a significant win in a sepa- behavior during the Russia
ration-of-powers clash with investigation. The appeals
the Trump administration. court ruled in a recent 2-1
The three-judge panel said decision that judges had
in a 2-1 opinion that the no role to play in that dis-
House Judiciary Commit- pute and dismissed the
tee's need for the mate- case.
rial in its investigations of Mueller issued a 448-page
President Donald Trump report last April that de-
outweighed the Justice tailed multiple interactions
Department's interests in between the 2016 Trump
keeping the testimony se- campaign and Russia and
cret. The opinion authorizes that examined several epi-
access to information that In this April 18, 2019, file photo, special counsel Robert Mueller's redacted report on Russian sodes involving the presi-
Democrats have sought interference in the 2016 presidential election is photographed in Washington. Associated Press dent for potential obstruc-
since the conclusion of tion of justice. Mueller said
Mueller's investigation, en- material "directly linked to about Mueller's findings. of a loss the House endured his team did not find suf-
abling lawmakers to review its need to evaluate the Judge Thomas Griffith is- two weeks ago when judg- ficient evidence to estab-
previously-undisclosed conclusions reached and sued a separate concur- es on the same court said lish a criminal conspiracy
details from the two-year not reached by the Special ring opinion in Tuesday's they would not force for- between the campaign
Russia probe. Writing for Counsel." appeals court decision. mer White House coun- and the Kremlin to tip the
the majority, Judge Judith House Democrats cheered Judge Neomi Rao, a Trump sel Don McGahn to testify election, though pointedly
Rogers said that with Muel- the opinion, with Rep. Jer- appointee, dissented, sug- before Congress. The split noted that he could not
ler himself having "stopped rold Nadler, the Judiciary gesting that the need for decisions leave neither the exonerate the president for
short" of reaching conclu- Committee chairman, the testimony could have administration nor Con- obstruction.
sions about Trump's con- saying the panel "remains waned after Trump's ac- gress with a clear upper Portions of the report were
duct to avoid stepping on committed to holding the quittal at a Senate im- hand in an ongoing inter- blacked out, including
the House's impeachment President accountable to peachment trial last month. branch dispute. grand jury testimony and
power, the committee was the rule of law and pre- "After all, the Committee The ruling is a major win material that Mueller said
able to persuasively argue venting improper interfer- sought these materials pre- for Democrats who have could harm ongoing inves-
that it needed access to ence in law enforcement liminary to an impeach- fought the Justice Depart- tigations or infringe on the
the underlying grand jury investigations." ment proceeding and the ment for nearly a year, privacy of third parties.
material to make its own House Speaker Nancy Pe- Senate impeachment trial but it's unclear what the Grand jury testimony is
determinations. losi called the ruling a re- has concluded. Why is this House will actually do with typically treated as secret,
"Courts must take care not jection of the president's controversy not moot?" the material. Lawyers for in part to protect the pri-
to second-guess the man- "insistence that he is above Rao wrote. the Democrats have said vacy of people who are
ner in which the House the law" and a further re- It is unclear when the ma- the grand jury material not charged or are consid-
plans to proceed with its buke to Attorney General terials might actually be could potentially be used ered peripheral to a crimi-
impeachment investiga- William Barr. Last week, an- turned over. The Trump ad- for additional articles of nal investigation. But sev-
tion or interfere with the other federal judge scold- ministration can ask the full impeachment, though the eral exceptions allow for
House's sole power of im- ed Barr in a separate case appeals court to rehear the Senate impeachment trial the material to be turned
peachment," Rogers wrote, for what he said were mis- case, and can appeal to over the president's inter- over, including if it is in
calling the committee's leading public statements the Supreme Court. actions with Ukraine ended connection with a judicial
request for the grand jury by the attorney general The ruling softens the blow weeks ago in an acquittal. proceeding.q