Department of Justice v. House Committee on the Judiciary

Department of Justice v. House Committee on the Judiciary (2020), No. 19-1328[2] (previously In re Application of the Committee on the Judiciary, No. 19-5288), is a pending case involving materials gathered by a grand jury empaneled by Special Counsel Robert Mueller used in the Special Counsel investigation. It currently awaiting either a grant or denial of certiorari from the Supreme Court of the United States (SCOTUS).

United States Department of Justice v. Committee on the Judiciary of the United States House of Representatives
CourtUnited States Court of Appeals for the District of Columbia Circuit
Full case nameIn re Application of the Committee on the Judiciary, U.S. House of Representatives, for an Order Authorizing the Release of Certain Grand Jury Materials — Committee on the Judiciary, United States House of Representatives v. United States Department of Justice
ArguedJanuary 3, 2020
DecidedMarch 10, 2020
Citation(s)19-1328; No. 19-5288
Case history
Prior action(s)Application granted, In re Application of the Committee on the Judiciary, U.S. House of Representatives, for an Order Authorizing the Release of Certain Grand Jury Materials,[1] No. 1:19-gj-00048-BAH (D. D.C. 2019)
Court membership
Judge(s) sittingCircuit Judges Judith W. Rogers, Thomas B. Griffith, Neomi Rao
Laws applied
Rule 6(e) of the Federal Rules of Criminal Procedure

The case was argued earlier before the United States Court of Appeals for the District of Columbia Circuit on Friday, January 3, 2020. The case was heard by a panel of three Circuit Judges: Judith W. Rogers, Thomas B. Griffith, and Neomi Rao.[1] On March 10, 2020, the court ruled 2–1 in favor of the Judiciary Committee, ordering the release of the grand jury materials; Judge Rogers wrote the opinion, joined by Judge Griffith, and Judge Rao dissented.[3] Shortly before the court-mandated deadline to produce the material, the DOJ petitioned SCOTUS to stay the ruling and review the case. The Court stayed the Circuit's mandate on May 8, 2020. In June, the DOJ and the House Judiciary Committee filed petitions for and against a writ of certiorari.[4]

History

On December 13, 2019, the D.C Circuit's panel of Rogers, Griffith, and Rao ordered a briefing to address whether the House Judiciary Committee has Article III standing.[5]

On December 16, 2019, House General Counselor Douglas Letter filed a brief outlining the importance of obtaining the grand jury materials.[6][7]

On December 18, 2019, the D.C. Circuit ordered the parties involved to file supplemental briefings by December 23, 2019 addressing whether articles of impeachment render the case moot and whether expedited consideration is still necessary. The D.C. Circuit also suggested the House Judiciary Committee address whether it still seeks the materials from Robert Mueller's grand jury.[8][9]

On December 23, 2019 the House Judiciary Committee and Justice Department filed supplemental briefings explaining their positions on standing and mootness.[10]

See also

References
  1. "Committee on the Judiciary, United States House of Representatives v. United States Department of Justice" (PDF) – via Politico.
  2. "Docket for 19-1328". Supreme Court of the United States. Retrieved 17 June 2020.
  3. Legare, Robert; Quinn, Melissa (March 10, 2020). "Appeals court orders DOJ to turn over secret Mueller grand jury docs to Congress". CBS News. Retrieved 17 June 2020.
  4. de Vogue, Ariane (May 8, 2020). "Roberts agrees to put lower court mandate on temporary hold in Mueller grand jury secrets case". CNN. Retrieved 17 June 2020.
  5. Appeals Court Appears Unsure If House Can Sue To Get Mueller Grand Jury Docs
  6. House vows to continue impeachment probes regardless of Senate outcome
  8. Appeals court wants answers on impact of impeachment
  10. DOJ, House Weigh In On How Impeachment Affects Mueller Grand Jury Doc Case
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