in

House Dems Tell Supreme Court That They are in the Middle of an “Ongoing Presidential Investigation”, Must Have Grand Jury Material From “Russia Probe”

“The Committee’s impeachment investigation related to obstruction of justice pertaining to the Russia investigation is ongoing” Douglas Letter, House of Representatives General Counsel, Supreme Court Filing

FoxNews.com reports that

House Democrats told the Supreme Court on Monday that they are again in the midst of an “ongoing presidential impeachment investigation” as part of their “weighty constitutional responsibility” – and, the Democrats argued, redacted grand-jury material from Special Counsel Robert Mueller’s now-completed Russia probe must be turned over as a result.

Top Democrats have repeatedly suggested since President Trump was acquitted on two articles of impeachment in February that they might initiate new impeachment proceedings. In their brief with the Supreme Court, which seeks testimony, exhibits and transcripts, the Democrats promised that leaks won’t be a problem, owing to their “special protocols” that will ensure “secrecy.”

“The [House Judiciary] Committee’s investigation did not cease with the conclusion of the impeachment trial,” the Democrats told the nine justices on Monday. “If this material reveals new evidence supporting the conclusion that President Trump committed impeachable offenses that are not covered by the articles adopted by the House, the committee will proceed accordingly — including, if necessary, by considering whether to recommend new articles of impeachment.”

Specifically, the Democrats said they were looking into “the possible exercise of improper political influence over recent decisions made in the Roger Stone and Michael Flynn prosecutions, both of which were initiated by the special counsel.”

In Stone’s case, the DOJ reversed a sentencing recommendation to Judge Amy Berman Jackson by former Mueller prosecutors that Stone should receive nine years in prison for obstructing Congress and related charges, saying it was obviously too harsh; indeed, Jackson later sentenced Stone to just three years in prison.

And, the DOJ has moved to dismiss Flynn’s case entirely, citing a mountain of exculpatory material that has surfaced since his guilty plea on one count of false statements to FBI agents, even after prosecutors had assured the court they had turned over all potentially relevant documents. Neither Flynn nor Stone were accused of conspiring with Russians, despite months of unfounded speculation. (“Flynn to testify that Trump directed him to make contact with Russians: Report,” read a false 2017 CNBC headline. ABC News’ Brian Ross was suspended for the report’s inaccurate claim that then-candidate Trump had told Flynn to reach out to Moscow, which the network admitted was a “serious error.”)

Earlier this month, the DOJ filed an emergency 3 with the Supreme Court to temporarily block an order by theD.C. Circuit Court of Appeals, which held by a 2-1 vote that the government needed to turn over the grand-jury materials. The DOJ has argued that Federal Rule of Criminal Procedure 6(e) protects the secrecy of grand-jury materials and that the exception allowing the disclosure “preliminarily to or in connection with a judicial proceeding” didn’t apply, especially given Trump’s acquittal by the Senate in an impeachment trial earlier this year.

But, Democrats have argued that preliminary impeachment hearings in the House constitute a pending judicial proceeding. They emphasized in their filing with the Supreme Court on Monday that the D.C. Circuit Court of Appeals explicitly agreed with them on that point.

“[B]ecause that exception encompasses impeachment proceedings and the committee has established a ‘particularized need’ for the grand jury materials, the order of the district court is affirmed,” Judge Judith Rogers wrote in the D.C. appellate court’s decision, siding with the House Democrats.

To establish a “particularized need” under existing case law, the Democrats noted, parties seeking grand-jury material under Rule 6(e) must show (1) “that the material they seek is needed to avoid a possible injustice in another judicial proceeding,” (2) “that the need for disclosure is greater than the need for continued secrecy,” and (3) “that their request is structured to cover only material so needed.”

The lower court in the case had also held that precedent supported the idea that an impeachment trial is akin to a judicial proceeding, citing a case that allowed the disclosure of grand jury material for the impeachment investigation of President Richard Nixon.

The Circuit Court also agreed that the lower court properly used its discretion in determining that the possibility of new articles of impeachment stemming from the grand jury materials satisfied the requirement for a “particularized need.”

The DOJ, however, has countered that having a court evaluate the House’s needs related to impeachment would be “in considerable tension with the House’s ‘sole Power of Impeachment’ and the Senate’s ‘sole Power to try all Impeachments,'” as laid out in the Constitution.

The Justice Department has also emphasized the need for a pause in the case. “Absent a stay of the court’s mandate, the government will have to disclose those materials on May 11, 2020, which would irrevocably lift their secrecy and possible frustrate the government’s ability to seek further review,” the DOJ wrote in their filing, explaining the necessity for the Supreme Court to step in.

But, the Democrats maintained, any delay would serve no legitimate purpose for the DOJ, and only continue to frustrate their Article I impeachment power.

…Trump has noted that no Russian collusion with his campaign was proven, and Republicans and even left-of-center commentators argued that Russian disinformation was irrelevant, given that social media and other platforms are already rife with inaccuracies.

“Before a pandemic, there was a time when we were relentlessly told to fear Russian social media accounts,” mused journalist Aaron Mate on Monday. “Their juvenile memes not only elected Trump, but also ‘sowed chaos.’ When Mueller indicted 13 Russians over it, he was hailed as a hero. Well, DOJ just dropped the case.”

What we have here, boys and girls, is the Democratic Party being so consumed by their hatred for a sitting President and those who elected him, that they are devoting their energy to a strategy to remove him from office which has failed before instead of reopening America so that its citizens may return to their jobs and provide for their families.

In a meeting of the House Judiciary Committee last December, Rep. Nadler said,

“We cannot rely on an election to solve our problems, when the president threatens the very integrity of that election.”

Nadler, Schiff, Pelosi, and the rest of the House Democrats are aware that average Americans have more important issues to deal with that their frivolous attempts at removing President Donald J. Trump from the Oval Office.

They don’t care.

Americans have seen this load of fertilizer before.

During the closing arguments of the First Impeachment Hearings, the citizens of the United States of America witnessed a bunch of lies which they had heard and seen before during the “Impeachment Inquiry” held by the House Democrats.

The House Managers, chosen by Speaker of the House Nancy Pelosi, repeated these lies ad infinitum in the hopes that their verbal torture would force “Moderate” Republican Senators to turn against President Donald J. Trump and to side with them and their Democrat colleagues in the Senate, instead of doing the right thing and standing in unity with their fellow Republicans and vote for dismissal of the Sham Impeachment or to acquit the President .

During their closing arguments, not only did the Democrat House Managers lie their hindquarters off, they instructed and insulted Republican Senators, telling them that they would not be doing “right” if they did not vote to impeach Trump.

Quite frankly, in this Deplorable’s eyes, Schiff, Nadler, Pelosi, Waters, Jeffries, and the rest of the House Democrats accomplished nothing by their behavior before, during, and after their Sham Impeachment except to establish themselves in the eyes of average Americans between the coasts as the “Poster Children” for the 3-year long National Temper Tantrum which began the night of November 8, 2016 when Political Outsider Donald J. Trump defeated the “Chosen One” Hillary Clinton to become the 45th President of the United States of America.

If the Democrat Elite believe that they would accomplish anything by attempting another Sham Impeachment of President Trump, they have not been paying attention.

Average Americans were not paying any attention to them at all the first time.

We watched clips of their whining on Fox News before and after WORK.

And, those Americans who began watching them, soon changed channels, as the ratings showed at the time.

From the Democratic Elite to be allowing the House Democrats to be attempting another Sham Impeachment, tells me that they know that Sleepy Joe Biden does not have a chance of being elected President this November.

I wish those affected by Trump Derangement Syndrome, like the House Democrats would work as hard to help average Americans as they do trying to overturn their 2016 President Election Votes.

Until He Comes,

KJ

 
kingsjester

Written by kingsjester

Do you ever feel helpless about what's going on? Do you turn the sound down when a member of "The Resistance" speaks? Do you talk back to the television? I understand fully. My blog contains the views of a 61 year old Christian American Conservative. I was raised by members of The Greatest Generation. My father landed at Normandy. I love this country. By the way, how did that Hopey-Changey Thing work out for ya?

I have been writing daily since April of 2010. I enjoy researching and sharing my thoughts with you. It is a privilege and it beats the heck out of punching a hole in the wall.

Thanks for reading my posts!

I'll keep writing....

Until He Comes,

KJ

Loading…

Trump Hydroxychloroquine

Trump: I’m Taking #Hydroxychloroquine

Neil Cavuto Kill

How Many People Will Neil Cavuto Kill?