The U.S. Supreme Court all but guaranteed House Democrats won’t get pre-election access to confidential materials from Special Counsel
The justices said they will review a lower court order that would require the Justice Department to turn over redacted parts of Mueller’s 448-page report, along with underlying grand jury transcripts and exhibits. The Supreme Court will consider the case in the nine-month term that starts in October.
The House Judiciary Committee sought the records as part of its impeachment inquiry last year. President
Democrats say the materials would help them determine whether Trump committed impeachable offenses by obstructing the FBI’s and Mueller’s investigations into Russian interference in the 2016 election. Mueller found 10 instances of possible obstruction of justice but stopped short of determining whether Trump had engaged in obstruction.
Trump and Attorney General
Justice Department spokeswoman Brianna Herlihy said the department is “pleased the court is hearing the case.” She declined to comment further.
The administration argues that a federal trial judge lacked power to unseal the information. Grand jury materials are normally sealed, but federal rules let a judge authorize disclosure for “judicial proceedings.” The key legal question is whether that includes House impeachment inquiries.
A federal appeals court ruled that impeachment proceedings qualified, saying courts had let lawmakers see grand jury materials during the impeachment inquiries of Presidents
The Supreme Court in May
Had the Supreme Court rejected the appeal, as the Judiciary Committee urged, the materials could have become public before the November election. The Judiciary Committee can release any information it receives with a majority vote.
The case is Department of Justice v. House Committee on the Judiciary, 19-1328.
(Updates with Justice Department comment in sixth paragraph)
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