House Wants DC Circuit to Skip Written Opinions, Issue 'Immediate' Orders for Impeachment Info
The House lawyers asked the D.C. Circuit to issue "immediate" rulings that would let lawmakers hear testimony from former White House counsel Don McGahn and review grand jury information redacted from the Mueller report.
December 16, 2019 at 06:02 PM
5 minute read
House Judiciary Committee lawyers on Monday urged a federal appeals court to quickly order the release of information Democrats argue is key to deciding whether President Donald Trump should be impeached and removed from office.
In filings for cases seeking the information—grand jury materials from the Mueller probe and testimony from former White House counsel Don McGahn—the House lawyers said the U.S. Court of Appeals for the D.C. Circuit should take swift actions that would allow lawmakers to see that information and hear McGahn's testimony.
"The Court should vacate its administrative stay and affirm the district court's order without delay, such as by immediately vacating the stay and issuing the Court's order, with an opinion to follow in due course," House lawyers wrote in the brief arguing for McGahn's testimony.
They echoed that sentiment over the Mueller grand jury materials. The lawyers noted that the three-judge panel on the D.C. Circuit—Judges Neomi Rao, Thomas Griffith and Judith Rogers—have already heard arguments for a stay in the case.
If the administrative stay is allowed to remain in place, it will have been in place for 10 weeks by the time oral arguments are heard on the merits of the appeal in January, the House attorneys said Monday.
"The court should not countenance DOJ's effort to run out the clock on impeachment, and should affirm Chief Judge Howell's decision without delay," the lawyers wrote.
U.S. Chief District Judge Beryl Howell of the District of Columbia ruled in October that the House Judiciary Committee should be able to obtain the Mueller grand jury materials as part of the impeachment probe. Weeks later, U.S. District Judge Ketanji Brown Jackson of the District of Columbia ruled that McGahn can be compelled to testify before the congressional panel.
Both district court judges denied motions from the Justice Department to stay their orders, noting that the impeachment inquiry was moving swiftly, and that the committee needed the information as it decided whether to push forward with articles of impeachment. Those decisions were overruled by administrative stays granted by the D.C. Circuit.
The House Judiciary Committee on Friday advanced articles of impeachment against Trump along party lines. Both articles—for abuse of power and obstruction of Congress—stem from the House Intelligence Committee's investigation into whether Trump pressured Ukraine to investigate former Vice President Joe Biden while withholding military aid from the country.
Both the McGahn and Mueller grand jury materials cases reach back to special counsel Robert Mueller's probe. The Mueller investigation was briefly referenced in the articles of impeachment, but does not figure prominently in the allegations being made in favor of Trump's removal from office.
The House Rules Committee will hold a markup of the articles Tuesday, clearing the way for a House vote Wednesday.
The requests for quick action in the impeachment-related cases echo arguments from House Judiciary Democrats, who said they could not go to court for documents and testimony in the impeachment inquiry because it would effectively run out the clock ahead of the 2020 election. The lawmakers said Trump is too big of a danger to allow him to remain in office and that he is undermining the integrity of the upcoming election.
In the Mueller grand jury filing Monday, the House said the information could be used for a Senate impeachment trial if the House passes the articles of impeachment.
And the congressional attorneys said the Judiciary Committee's impeachment inquiry will continue, "in part because obstruction by the Trump administration has left many critical questions about the president's conduct unanswered."
"Material that the Committee obtains in this litigation could be used in that investigation as well," the House lawyers wrote.
The D.C. Circuit will hear arguments in both cases Jan. 3. Griffith and Rogers will be on both panels; Rao will rule in the Mueller grand jury case, but Judge Karen Henderson of the U.S. Court of Appeals for the D.C. Circuit will be the third judge on the McGahn panel.
The Mueller panel of judges also threw another twist in the case Friday, when they asked for supplemental briefing on whether the House has standing to sue for the materials redacted from Mueller's report. Those filings are due Dec. 23.
Read more:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllWho Knocked on the Supreme Court’s Door in November?
Supreme Court Takes Up TikTok's Challenge to Upcoming Ban or Sale
10th Circuit Raises 6th Amendment Bar for Prosecutors' Attorney-Client Violations
Justices to Decide if Fuel Industry Can Sue Over California’s EV Rules
Trending Stories
- 1The Key Moves in the Reshuffling German Legal Market as 2025 Dawns
- 2Social Media Celebrities Clash in $100M Lawsuit
- 3Federal Judge Sets 2026 Admiralty Bench Trial in Baltimore Bridge Collapse Litigation
- 4Trump Media Accuses Purchaser Rep of Extortion, Harassment After Merger
- 5Judge Slashes $2M in Punitive Damages in Sober-Living Harassment Case
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250