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EffieBlack

(14,249 posts)
15. Please stop arguing, You don't know the law and don't understand the process
Tue Jun 11, 2019, 12:59 PM
Jun 2019

And citing this blog only further proves how little you understand what’s going on here.

The blog you cited and the case it refers to correctly explain there’s a difference between Congress’ regular legislative or oversight activity and the proceedings described in Rule 6e that allow a court to release grand jury materials “preliminarily to or in connection with judicial proceedings.” The courts have ruled that regular oversight hearings aren’t preliminary to or actual judicial proceedings and, therefore, don’t qualify as exceptions to the grand jury secrecy rule.

BUT Chairman Nadler and the authorization the House is voting on today make clear that these Judiciary Committee hearings on the Mueller Report aren’t oversight hearings, but are preliminary to judicial proceedings - whether impeachment or other judicial activity. That means they aren’t to be treated the way courts have treated regular oversight hearings in the past when considering whether to release grand jury information. They are to be treated the same way as impeachment hearings for the purpose of this statute.

You’re incorrect that Nadler has to show the information is needed for “judicial purposes.” He has to show that he’s requesting them for use “preliminarily to or in connection with a judicial proceeding.” Because the Committee has established and the House will establish in the bill it passes this afternoon that these hearings are “preliminary to” judicial proceedings (including possible impeachment consideration) he will easily meet this burden (especially since courts give Congress great deference when defining their own purposes).

This is what Jill Wine-Banks has been saying wryter2000 Jun 2019 #1
This Was Always An Option Me. Jun 2019 #2
Rachel Maddow jumped on this bandwagon for a couple of days, but then jumped off when knowledgeable EffieBlack Jun 2019 #3
... StarfishSaver Jun 2019 #4
Thank you stopdiggin Jun 2019 #5
Don't confuse them with facts Trumpocalypse Jun 2019 #6
This was discussed months ago watoos Jun 2019 #7
They can appeal whether it's an impeachment or not StarfishSaver Jun 2019 #8
Listening to dozens of Constitutional scholars, watoos Jun 2019 #10
This is not a constitutional issue - it's a matter of statutory interpretation StarfishSaver Jun 2019 #13
See my link below, watoos Jun 2019 #14
Please read Effie's response StarfishSaver Jun 2019 #16
Sigh ... EffieBlack Jun 2019 #17
All we can do is try. StarfishSaver Jun 2019 #20
Of course Barr himself said he would release Nuggets Jun 2019 #27
Barr doesn't have the power to release the material without a court order StarfishSaver Jun 2019 #31
How do you know the "best" way to get this is through an impeachment hearing? EffieBlack Jun 2019 #9
There is a difference between a watoos Jun 2019 #12
Please stop arguing, You don't know the law and don't understand the process EffieBlack Jun 2019 #15
Thank you. brer cat Jun 2019 #11
KR mcar Jun 2019 #18
The House just passed the bill StarfishSaver Jun 2019 #19
They have to actually GET them before this is evidence that impeachment wasn't the only way FBaggins Jun 2019 #21
Impeachment only gives them the right to ask. It doesn't guarantee them anything StarfishSaver Jun 2019 #22
You're assuming that EffieBlack's post is accurate FBaggins Jun 2019 #23
The resolution doesn't need to explicitly "establish that the hearings going forward are preliminary StarfishSaver Jun 2019 #24
My OP IS accurate EffieBlack Jun 2019 #25
I do too. Never mind. You can please some of the people all of the time, but not all of the peeps emmaverybo Jun 2019 #30
Thanks, emmaverybo StarfishSaver Jun 2019 #32
No one's saying it's the only way BeyondGeography Jun 2019 #26
A whole lot of people both in the media and on DU are saying it's the only way. StarfishSaver Jun 2019 #29
Thank you for all your work to explain to us how and why impeachment is not the only way emmaverybo Jun 2019 #28
Thanks for this EffieBlack Jun 2019 #33
Latest Discussions»General Discussion»An impeachment inquiry IS...»Reply #15