The Supreme Court on Wednesday temporarily prevented the House of Representatives from obtaining secret grand jury testimony from special counsel Robert Mueller's Russia investigation.
The court's unsigned order keeps previously undisclosed details from the investigation of Russian interference in the 2016 election out of the hands of Democratic lawmakers at least until early summer. The court will decide then whether to extend its hold.
The federal appeals court in Washington ruled in March that the documents should be turned over because the House Judiciary Committee’s need for the material in its investigation of President Donald Trump outweighed the Justice Department’s interests in keeping the testimony secret.
Mueller’s 448-page report, issued in April 2019, “stopped short” of reaching conclusions about Trump’s conduct, including whether he obstructed justice, to avoid stepping on the House’s impeachment power, the appeals court said.
The committee was able to persuasively argue that it needed access to the underlying grand jury material to make its own determinations about the president’s actions, the court said.
The materials initially were sought last summer, but by the time the appeals court ruled in March, Trump had been impeached by the House and acquitted by the Senate.
The Justice Department said in its Supreme Court filings that the court’s action was needed in part because the House hasn’t given any indication it “urgently needs these materials for any ongoing impeachment investigation.”
The House had opposed the delay on the grounds that its investigation of Trump was continuing, and that time is of the essence because of the approaching election. The current session of the House will end Jan. 3, and lawmakers elected in November will take their seats.
The committee investigation “continues today and has further developed in light of recent events,” the House told the justices, citing the “possible exercise of improper political influence” on decisions to seek a shorter prison term for Trump confidant Roger Stone and end the prosecution of former national security adviser Michael Flynn, despite his two guilty pleas.
The case is one of several ongoing court disputes between the Trump administration and Congress.
The Supreme Court heard arguments last week over whether Trump’s accountants and banks must turn over financial records to House committees. The administration is not a party to the case but is backing the president.
The appeals court also is weighing whether former White House counsel Don McGahn must appear before the committee to answer questions related to the Mueller investigation. And the Justice Department has said it will ask the Supreme Court to step in and kill a lawsuit alleging that Trump is illegally profiting off the presidency through his luxury Washington hotel.
Mueller’s report detailed multiple interactions between the 2016 Trump campaign and Russia and examined several episodes involving the president for potential obstruction of justice. Mueller said his team did not find sufficient evidence to establish a criminal conspiracy between the campaign and the Kremlin to tip the election, though pointedly noted that he could not exonerate the president for obstruction.
Portions of the report were blacked out, including grand jury testimony and material that Mueller said could harm ongoing investigations or infringe on the privacy of third parties.
Grand jury testimony is typically treated as secret, in part to protect the privacy of people who are not charged or are considered peripheral to a criminal investigation. But several exceptions allow for the material to be turned over, including if it is in connection with a judicial proceeding.
Lower courts agreed with lawmakers that impeachment is considered a judicial proceeding, rejecting Justice Department arguments to the contrary.
After the Chicago teachers union voted to work remotely due to what they say is a lack of safety protocols amid the COVID-19 surge, the school system canceled classes on Wednesday, citing harm that remote learning has done to the city's children. Randi Weingarten, president of the American Federation of Teachers, joined Cheddar to discuss the issues surrounding the latest dispute between educators and schools. She said that the return to in-person learning would likely be halted until more COVID tests could be provided for districts. "This is a terrible situation for everybody, and we need the testing, and we need the masks," she said. "It's the omicron surge that has created this disruption, and we are trying to do the best we can. And this is the only school district that has this kind of action right now." The teachers might not be returning to their schools for at least two weeks amid the ongoing tensions.
Illinois State Senator Robert Martwick joins Cheddar News to discuss the new bill he co-sponsored allowing students in the state to take 5 mental health days without a doctor's note.
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New York Attorney General Letitia James is ramping up a civil investigation into The Trump Organization. The AG's office has subpoenaed Ivanka Trump and Donald Trump Jr. They have refused to comply with the subpoenas. Bradley Moss, national security attorney, joins Cheddar News to discuss the next steps in this investigation.
Colorado Gov. Jared Polis has officially reduced the 110-year prison sentence of truck driver Rogel Aguilera-Mederos to 10 years, calling the initial lengthy sentence “unjust.” Dan Gilleon, constitutional attorney at Gilleon Law Firm APC, joined Cheddar to discuss more.
Former Brooklyn Borough President Eric Adams was sworn in as the newest Mayor of New York City. Adams is now expected to work on a number of issues such as crime and coronavirus. Erin Durkin,, reporter at PoliticoNY, joins Cheddar News to discuss more.
California's new composting law will affect what residents do in their kitchens. As of this week, Californians will have to recycle excess food in an effort to reduce emissions caused by food waste. Cities and counties will turn recycled food into compost or use it as a renewable energy source. California's new law is the largest mandatory residential food waste recycling program in the country. Rachel Wagoner, Director of the California Department of Resources, Recycling and Recovery called the law 'the biggest change to trash' since recycling started in the 1980s. She joined Cheddar Climate to discuss.
As the U.S. comes up on the first anniversary of the January 6 insurrection.,A.C. Thompson, investigative reporter at ProPublica, joined Cheddar's Baker Machado to discuss updates to American Insurrection by FRONTLINE, ProPublica and Berkeley Journalism’s Investigative Reporting Program. The documentary investigates the attack on the Capitol touched off by the lie that the presidential election was stolen from Donald Trump but with new information gleaned since the event including interviews with lawmakers and law enforcement and the evolution of groups like the Boogaloo Boys and the Proud Boys behind the attack. "In some ways those groups that were kind of the vanguard of January 6 are maybe no longer relevant because their message is everywhere," he said.
