Justice Department Must Share Mueller Grand Jury Materials With House, D.C. Circuit Rules

Elliot Setzer
Tuesday, March 10, 2020, 1:52 PM

Published by The Lawfare Institute
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The U.S. Court of Appeals for the D.C. Circuit ruled that the Department of Justice must disclose grand jury materials referenced in Special Counsel Robert Mueller’s report to the Judiciary Committee of the House of Representatives. The court held that, “because a Senate impeachment trial qualifies as a 'judicial proceeding' pursuant to Rule 6(e) and the Committee has established a particularized need for the requested portions of the grand jury materials, the district court’s Order is affirmed.” Judge Neomi Rao dissented.

The House Judiciary Committee had filed an application on July 26, 2019, for an order authorizing the release of certain grand jury materials that were redacted in the version of the Mueller report presented to members of Congress and the public. The committee argued that the grand jury materials were critical to developing a full understanding of the events described in the Mueller report and to determine whether President Trump provided false statements to Mueller’s office. The U.S. District Court for the District of Columbia ordered the release of these materials, a decision appealed by the Department of Justice.

You can read the D.C. Circuit's opinion here and below:

Elliot Setzer is a Knight-Hennessy Scholar at Stanford Law School and a Ph.D student at Yale University. He previously worked at Lawfare and the Brookings Institution.

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