DOJ v. House Committee on the Judiciary
Issues
In conducting an impeachment investigation and trial, does the House Committee on the Judiciary act in the same role as an ordinary court that oversees litigation between parties?
This case asks the Supreme Court to determine whether an impeachment trial before a legislative body qualifies as a “judicial proceeding” under Rule 6(e)(3)(E)(i) of the Federal Rules of Criminal Procedure. The Department of Justice (DOJ) argues that an impeachment inquiry is not a judicial proceeding, and therefore, President Trump’s impeachment trial is not subject to the exception to grand-jury secrecy for judicial proceedings and can remain redacted. The House Committee on the Judiciary counters that the Committee plays the same role during its impeachment inquiry as an ordinary court that oversees litigation between parties, and therefore, the impeachment inquiry is a judicial proceeding. As such, the House Committee demands access to unredacted transcripts and all other documents that special counsel Robert Mueller’s grand jury considered. The outcome of this case determines whether House Democrats can gain access to Mueller’s report on President Trump’s alleged interference with Mueller’s investigation as part of their ongoing impeachment inquiry and the extent of the House Committees’ access to information in future impeachment inquiries.
Questions as Framed for the Court by the Parties
Whether an impeachment trial before a legislative body is a “judicial proceeding” under Rule 6(e)(3)(E)(i) of the Federal Rules of Criminal Procedure.
In May 2017, an investigation was conducted to determine whether members of President Trump’s election campaign had cooperated with the Russian government to interfere in the 2016 presidential election. In re Comm. on Judiciary, U.S. House of Representatives v. U.S. Dep’t of Justice (“In re Comm.
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Additional Resources
- Jimmy Hoover, Supreme Court Cheat Sheet: The Biggest Cases to Watch—Mueller Saga Reaches High Court, Law360 (Oct. 2, 2020).
- Jerrold Nadler, Chairman Nadler Statement on SCOTUS Decision to Grant Certiorari in Lawsuit Regarding Mueller Grand Jury Material, House Committee on the Judiciary, (July 2, 2020).
- Alison Durkee, Here are the Biggest Cases Amy Coney Barrett Will Help Decide on the Supreme Court This Term, Forbes (Oct. 26, 2020).