Now that there's an official impeachment investigation, can they get the unredacted Mueller Report?

[Siwsan]

I thought I heard that, when the redacted part was released.

I'm wondering if there will be more verifications of situations like we are seeing being exposed, now.

[mopinko]

1. it might get the grand jury material.

this is def a judicial proceeding to which the underlying evidence pertains. they would be entitled, i believe.

[StarfishSaver]

4. Yes and no

Courts have ruled that an impeachment or proceedings "preliminary" to impeachment (such as an impeachment inquiry or investigation or proceedings that could lead to impeachment) fall into the category of proceedings to which a court MAY release grand jury materials. But it doesn't automatically entitle the House to get the materials or require a court to release them to them. It just means that they are, for lack of a better word, "eligible" to get them.

Does that make sense?

[mopinko]

7. yes. i was flailing for a better word than entitled, too.

i knew it took a judge's order, but that basically there was no reason for them to say no.

[StarfishSaver]

2. Impeachment won't make a difference

The administration will still refuse to give it to them, the House will still have to go to court and the administration will drag it out as long as it can. The fact that it's for an impeachment inquiry rather than oversight might make the argument in favor of getting it a little stronger, but it probably won't make a real difference to a court from a legal standpoint.

There's been a lot of talk that an impeachment inquiry gives more "clout" and will make a court more likely to rule in favor of the House on these subpoenas, but that's inaccurate. As Schiff has said, "a subpoena's a subpoena" and the House is either entitled to the information or it's not, regardless the nature of the investigation they're conducting.

The only time it might make a difference is on the issue of executive privilege since the Supreme Court has held that an impeachment proceeding may raise the level of justification for overcoming an executive privilege claim. However, in this instance, the White House's claims of executive privilege are bogus, since there is no executive privilege for the information the House is seeking so there's no need for a court to do a "balancing test" at all.

I hope this makes sense ...

[Siwsan]

5. Thanks. It's not as if they NEED it, if they want to stay focused, but

I'm deeply bothered about how that whole situation shook out. I have NO doubt that by withholding what's under the black boxes, they are hiding more crimes.

[mopinko]

9. i think there are connections to be found, and i think they are on them.

i saw schiff say that the whole crowdstrike bs was russian propaganda pure and simple. also saw pelosi mentioned russia this morning.

they should figure out how they are connected, and ask for specific evidence that connects to mueller's findings.
dont make it complicated, just find the smoking gun.

[StarfishSaver]

10. Yes, that's a good point

They're making a case that it's all tied in together and strengthening their argument for obtaining the unredacted report and grand jury materials because they are necessary to conduct their investigation.

[NewJeffCT]

3. I think they have gotten at least some of it

from Chris Wray at the FBI

[FakeNoose]

6. Mueller could give it to them, am I right?

I mean, the impeachment investigators can subpoena for it?
Or Mueller could just leak it to them. Nah, that won't happen.

[StarfishSaver]

11. Mueller can't give it to them because it's not his to give

It would have to be the Justice Department.

[Hoyt]

8. I doubt there is info in unredacted Mueller Report that is useful for anything but conjecture.

In fact, it’s probably better to just keep saying Barr and trump Barr are obstructing the investigation, than having the redacted info.

If we can’t get trump with the simple to understand Ukrainian shakedown, nothing will get him. That’s not to say Impeachment isn’t spiced up with Russian effort, obstruction, etc.

[StarfishSaver]

12. Good point

[tavernier]

13. I also understood

that’s once there was an investigation to impeach, much more material and sources would be available such as his taxes, etc. In fact that was one of the arguments used to convince the critics who were against impeachment. But possibly all of that is down the road?