House sues for Robert Mueller’s grand jury papers

WASHINGTON — House Judiciary Chairman Jerry Nadler said Friday he would file a lawsuit asking a federal judge to release grand jury material gathered by former special counsel Robert Mueller to continue an investigation into presidential misconduct.

Nadler, D-N.Y., said the material is essential to the House Judiciary Committee investigation into possible abuses by President Donald Trump, and whether to seek remedies that could include articles of impeachment.

“The committee is exercising its authority to investigate all these scandals and to decide what to do about them, which could include articles of impeachment,” Nadler told a Capitol news conference.

Speaking to reporters in the Oval Office, Trump said of Democrats that “all they want to do is impede, they want to investigate, they want to go fishing.”

“There is no collusion, there is no obstruction, they have nothing,” Trump said. “The Democrats are clowns.”

Lawyers for the committee filed the lawsuit with the chief judge of the federal district court for the the District of Columbia.

Democrats on the committee said they expect Attorney General William Barr to argue against the release of testimony and to protect grand jury secrecy. Barr redacted grand jury material in the 448-page report Mueller submitted after the investigation.

But a spokesperson said the Justice Department would review the lawsuit and cooperate with the committee.

“We are looking at this and continuing to work in good faith, as we hope the committee is operating, as well,” the spokesperson said.

White House attorney sought

The committee also is asking the court to enforce a subpoena and release grand jury testimony of former White House counsel Don McGahn, a key witness who detailed for the special counsel Trump’s directive to fire Mueller and end the special counsel probe.

McGahn did not fire Mueller, and considered resigning instead. When news reports emerged about the plot, Trump ordered McGahn to write a release and deny that the event took place.

The White House has blocked McGahn’s appearance before the Judiciary Committee.

The White House has also asserted presidential privilege to prevent other aides and former aides from testifying before the committee.

Many of those aides and former aides were interviewed by Mueller’s staff, which documented several attempts by the president to try and impede or halt the special counsel investigation, which he thought would doom his presidency.

“Unless he (McGahn) complies with our accommodation efforts in very short order, we expect to file an additional suit to enforce our subpoena for his testimony,” Nadler said.

In the lawsuit filed Friday, Nadler said Democrats would argue that his committee needs the grand jury testimony to conduct its oversight duty and determine which remedies it should seek, including impeachment.

The lawsuit comes in a week that saw Mueller testify before the Judiciary and House Intelligence committees during back-to-back hearings on Capitol Hill.

Embarrassing details

Mueller, a former FBI director and Vietnam veteran, never veered from his 448-page report during his day-long testimony.

His halting answers and confusion denied Democrats dramatic sound bites during the televised hearings.

But the rehash of the investigation’s findings included embarrassing details about the president’s conduct before and after the election. The investigation led to the indictment or guilty verdicts against six campaign or personal advisers to Trump.

Nonetheless, Trump declared victory after the special counsel’s public testimony, deriding the investigation as a “witch hunt” and falsely claiming he was exonerated of collusion or obstruction of justice. Mueller, though, pointedly said that despite evidence Trump tried to halt or obstruct the investigation, he was prevented by Justice Department policy from bringing charges through an indictment against a sitting president.

When Nadler asked Mueller whether he exonerated Trump on obstruction, Mueller replied, “No.”

Mueller also said the president could be charged with crimes once he leaves office.

Investigations ‘not endless’

The Mueller report is largely seen as a blueprint for Congress to continue the investigation and determine whether an impeachment inquiry should be launched.

House Speaker Nancy Pelosi, D-Calif., has opposed launching a divisive impeachment injury without bipartisan support in the House. A House impeachment would likely die in the GOP-led Senate.

But Pelosi said she expects the committees to continue their investigative work. She said she would support an impeachment injury if that is where the evidence leads.

“This isn’t endless,” Pelosi told a separate news conference Friday.

About 100 House Democrats have called for impeachment of Trump. Nevada’s three Democrats, Reps. Dina Titus, Susie Lee and Steven Horsford, have embraced Pelosi’s methodical approach.

House Republicans have remained united in their opposition to impeachment proceedings and have criticized Democrats for political attacks against Trump.

“The Democrats are more focused on bringing down the president than they are in building up America,” said House Minority Leader Kevin McCarthy, R-Calif., during a news conference after the Mueller hearings.

“It’s time to close the book on this investigation,” McCarthy said.

Contact Gary Martin at gmartin@reviewjournal or 202-662-7390. Follow @garymartindc on Twitter.