The court document requesting G.J records preliminary to a judicial proceeding -- i.e., IMPEACHMENT.
In this court document, the Judiciary Committee is requesting secret Grand Jury records on the grounds that the committee needs them preliminary to a judicial proceeding under Article 1 -- i.e., impeachment.
This is what we've been waiting for. When the court grants this request, the question will be whether Trump defies a court order -- which would in itself be a grounds for impeachment.
https://judiciary.house.gov/sites/democrats.judiciary.house.gov/files/documents/FINAL%20PETITION.pdf
Pursuant to Local Rule 57.6, the United States House of Representatives, Committee on the Judiciary (the Committee), through undersigned counsel, respectfully requests that this Court issue an order pursuant to Federal Rule of Criminal Procedure 6(e) authorizing the release to the Committee of: (1) all portions of Special Counsel Robert S. Mueller III’s Report on the Investigation Into Russian Interference In The 2016 Presidential Election (the Mueller Report) that were redacted pursuant to Federal Rule of Criminal Procedure 6(e); (2) any underlying transcripts or exhibits referenced in the portions of the Mueller Report that were redacted pursuant to Rule 6(e); and (3) transcripts of any underlying grand jury testimony and any grand jury exhibits that relate directly to (A) President Trump’s knowledge of efforts by Russia to interfere in the 2016 U.S. Presidential election; (B) President Trump’s knowledge of any direct or indirect links or contacts between individuals associated with his Presidential campaign and Russia, including with respect to Russia’s election interference efforts; (C) President Trump’s knowledge of any potential criminal acts by him or any members of his administration, his campaign, his personal associates, or anyone associated with his administration or campaign; or (D) actions taken by former White House Counsel Donald F. McGahn II during the campaign, the transition, or McGahn’s period of service as White House Counsel.
SNIP
I. THE COURT SHOULD AUTHORIZE DISCLOSURE OF THE REQUESTED MATERIALS PURSUANT TO RULE 6(e)’S “JUDICIAL PROCEEDING” EXCEPTION
Rule 6(e)(3)(E)(i) gives the court charged with overseeing a grand jury the ability to permit disclosure of grand jury materials “preliminarily to or in connection with a judicial proceeding.” The party seeking access to grand jury materials must show a “particularized need” for those materials, meaning: “(1) ‘[the] material sought is needed to avoid a possible injustice in another judicial proceeding’; (2) ‘the need for disclosure is greater than the need for continued secrecy’; and (3) ‘the request is structured to cover only material so needed.’” In re Sealed Case, 801 F.2d 1379, 1381 (D.C. Cir. 1986) (quoting, inter alia, Douglas Oil Co. of Cal. v. Petrol Stops Nw., 441 U.S. 211, 222 (1979)) (brackets omitted). The Committee’s ongoing investigation is “preliminar[y] to” a judicial proceeding because the Committee is considering whether to recommend articles of impeachment. The Committee’s request readily satisfies each of the requirements needed to demonstrate particularized need.
A. The Committee Seeks To Use Grand Jury Materials “Preliminarily to” a “Judicial Proceeding”
The D.C. Circuit has squarely held that when this Committee is conducting an investigation regarding impeachment, a request for Rule 6(e) materials for use in that investigation “fit[s] within the Rule 6 exception for ‘judicial proceedings.’” McKeever v. Barr, 920 F.3d 842, 847 n.3 (D.C. Cir. 2019), pet. for reh’g denied, No. 17-5149 (July 22, 2019). Because the Committee now seeks grand jury materials “to determine whether [it] should recommend articles of impeachment against the President,” July 11 Memorandum at 3, the “judicial proceeding” exception applies as a matter of binding Circuit precedent.
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1. An Investigation Regarding Impeachment Is Preliminary to a “Judicial Proceeding”
CONTINUED AT LINK.
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