General Discussion
In reply to the discussion: An impeachment inquiry ISN'T the only way for the House to get secret grand jury material, after all [View all]EffieBlack
(14,249 posts)And citing this blog only further proves how little you understand whats going on here.
The blog you cited and the case it refers to correctly explain theres 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 arent preliminary to or actual judicial proceedings and, therefore, dont 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 arent oversight hearings, but are preliminary to judicial proceedings - whether impeachment or other judicial activity. That means they arent 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.
Youre incorrect that Nadler has to show the information is needed for judicial purposes. He has to show that hes 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).