In pursuit of Mueller's grand jury materials, Democrats face an impeachment dilemma by nycsouthpaw
In the aftermath of the special counsel’s investigation, Washington is girding for a conflict between Capitol Hill and the Department of Justice over Congress’s and the public’s access to the contents of special counsel Robert Mueller’s report and the evidence collected by his investigation, including the grand jury evidence.
In their reply to Barr, the committee chairs noted — without going into detail — that there’s legal authority for the release of grand jury materials to Congress “under similar circumstances.” House and Senate Democrats declined to answer questions about the specifics of their precedent and whether it may be influenced by impeachment. The Department of Justice, likewise, did not respond to repeated requests for comment.The Fifth Amendment to the Constitution makes the grand jury an integral part of federal criminal investigations.
By tradition, these investigations are secret. Congress codified that secrecy as part of the federal rules on criminal proceedings, which prohibit grand jurors or prosecutors from disclosing matters that occur before the grand jury, subject to several exceptions where disclosure is allowed. The CRS summary points out that the “judicial proceeding” exception is likely available to Congress only in an impeachment scenario.
The key distinction is that an impeachment proceeding involves the prospect of a trial in the Senate to hear the charges against the public official and decide whether the individual ought to be removed from office; several courts have recognized an impeachment trial as a quasi-judicial proceeding similar enough to a proceeding in court that it justifies the use of the “judicial proceeding” exception.
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