Democrats are still trying to impeach President Trump… over a claim he obstructed justice in the “Russian” investigation. That’s their reason for demanding the Supreme Court deliver redacted Mueller materials.
The logic here is baffling to many experts, given the fact that the so-called Russian collusion ‘investigation’ of President Trump was based on fabrications and illegal spying carried out by the Obama administration.
Many people ask how the president could have obstructed justice, when the entire case and investigation against him was based on entrapment, lies, and illegal behavior by Obama’s weaponized agencies.
In fact, they argue that Obama actually tried to illegally interfere with the presidential election… not Trump.
Douglas Letter, the Democratic committee’s top lawyer, filed a 33-page motion on Monday opposing a Justice Department effort that seeks to have the nation’s highest court block the release of the documents. Democrats insist they need the information quickly because the House Judiciary Committee’s “impeachment investigation related to obstruction of justice pertaining to the Russia investigation is ongoing.”
“The Mueller Report grand-jury material remains central to the Committee’s ongoing inquiry into the President’s conduct,” the Democrats wrote. “If this material reveals new evidence supporting the conclusion that President Trump committed impeachable offenses that are not covered by the Articles adopted by the House, the Committee will proceed accordingly — including, if necessary, by considering whether to recommend new articles of impeachment.”
Mueller’s 448-page report, released in April 2019, said the Russians interfered in 2016 in a “sweeping and systematic fashion” but “did not establish that members of the Trump campaign conspired or coordinated with the Russian government.”
[The Russian involvement is debatable, given recent discoveries.]
The special counsel also laid out 10 possible instances of Trump obstructing justice, but did not reach a conclusion. Attorney General William Barr and Deputy Attorney General Rod Rosenstein concluded Trump had not obstructed justice.
The U.S. Court of Appeals for the District of Columbia Circuit rejected the Justice Department’s request to stay its ruling affirming a lower court order that it hand over the Mueller grand jury information last month.
The appeals court ruled in a 2-1 vote in March to uphold U.S. District Court Chief Judge Beryl Howell’s October 2019 ruling that House investigators should be given access.
Much of the debate stems from the question of whether this year’s Senate impeachment trial constituted a “judicial proceeding.” The Justice Department said it did not, while Democrats insisted it did. The courts so far agree with the House.
“Reading the term to go beyond its plain meaning raises significant separation of powers concerns by rendering key portions” of the rules governing grand jury material “inoperative or unconstitutional in application,” DOJ lawyers said. They additionally warned of the “potential for harassment of the Executive Branch.”
The Justice Department said there was “good cause” for the Supreme Court to take up the case and worried it might be required to turn over the grand jury information before the high court weighs in, thus “irreversibly breaching the secrecy of those materials.”
The Trump administration has also argued that “any impeachment inquiry appears to be dormant.”
“While DOJ’s appeal was pending, the House adopted two Articles of Impeachment against President Trump for abuse of power in connection with a scheme to coerce Ukraine to investigate his political rival, and his obstruction of Congress,” the Democrats told the high court. “The President was acquitted after a trial on those Articles in the Senate.”
Democrats oppose intervention by the Supreme Court.
The Democrats noted that “the current House concludes in less than eight months” and argued “the public interest would be harmed irreparably if DOJ runs out the clock on the impeachment process.”