A federal appeals court in Washington heard warnings Friday that how they rule in the House Judiciary Committees legal fights for information from the Trump administration could spark an avalanche of congressional lawsuits, or even a potential gunfight between the House sergeant at arms and the FBI security detail for Attorney General William Barr.
Two separate panels of the U.S. Court of Appeals for the District of Columbia Circuit heard nearly three hours of oral argument on two committee cases related to former Special Counsel Robert S. Mueller IIIs report on Russian interference in the 2016 election. Both were filed months before the House voted to impeach President Donald Trump on his dealings with Ukraine.
[House contends it still needs court help to get Mueller info]
The committee filed a lawsuit to force former White House Counsel Don McGahn to testify about episodes from Muellers report. In the other case, the committee wants access to secret grand jury materials from that same investigation.
Lower courts have ruled that McGahn must testify before the committee and the Justice Department must give the grand jury material to the committee. The D.C. Circuit panels can now decide at any time whether those rulings were right.
In the McGahn case, Hashim Moopan of the Justice Department urged the judges to rule that they must stay out of what was essentially a purely political fight. The House contends that Trump is conducting broad obstruction of Congress, while Trump contends the House is conducting an illegitimate investigation into a president.
A ruling that the House can go to the courts to enforce a subpoena against executive branch officials such as McGahn means that the court will have to decide similar cases over and over, Moopan said, and the public will wonder why the courts are deciding who is right.
This court will be in the business of resolving disputes between the branches over information, Moopan said. It wont be good for the courts, and it frankly wont be good for either of the political branches, because sometimes the House will lose some of those cases and then they will have less power than they had before.
Instead, Moopan suggested that Congress has a lot of tools to compel the executive branch to turn over information, such as blocking appropriations, other legislation or nominations.
Things turned a little wilder in the argument on the case about grand jury materials, when Judge Neomi Rao asked House General Counsel Doug Letter a hypothetical question.
Rao asked: If the D.C. Circuit authorized the House to get the grand jury information from the Justice Department instead of ordered the DOJ to turn it over as the lower court had done would the House have to then have to subpoena the Justice Department for that information?
Rao said she was unable to find any case in which a court ordered the DOJ to release grand jury information to Congress, and that the Justice Department couldnt tell them today whether the Justice Department would turn the information over without an order to do so.
Letter said it was stunning to think that Barr would not turn over the information if the D.C. Circuit ruled that the House was entitled to it. The House would have to send out its sergeant at arms to collect the grand jury information if the court did not order the DOJ to turn it over, Letter said.
Thats why we dont do that anymore. We dont have the sergeant at arms go out and arrest people, and maybe have a gun battle with Mr. Barrs FBI security detail. Instead, we go to court, Letter said. Everybody has recognized that we go to court.
Letter said theres no case that comes anywhere close to saying Congress cannot go to court to enforce its investigatory powers for oversight or impeachment.
And Letter had some sarcasm for the argument that Congress should forgo lawsuits and instead use its inherent contempt power to physically arrest those who dont turn over information to Congress which hasnt been used since the 1920s or its appropriations power.
The sergeant at arms will arrest Attorney General Barr next time hes up at Congress, Ive run into him in the halls there, so next time hes there well just arrest him, Letter said. And we can we can go about it that way, or we can shut down the government. Theres a great way for Congress to get information, well shut down the entire government for a couple of months. We saw what a disaster that was.
Get breaking news alerts and more from Roll Call on your iPhone.
Excerpt from:
House counsel warns of 'gun battle' in fight for Trump info - Roll Call
- North Korea Wants to Convince the World It Can Nuke Hawaii. Donald Trump Is Happy to Oblige. - The Intercept [Last Updated On: May 3rd, 2017] [Originally Added On: May 3rd, 2017]
- Does Donald Trump Have Dementia? - The Root [Last Updated On: May 3rd, 2017] [Originally Added On: May 3rd, 2017]
- Donald Trump's peculiar obsession with authoritarian leaders - Chicago Tribune [Last Updated On: May 3rd, 2017] [Originally Added On: May 3rd, 2017]
- 'South Park' Creators Skirt Donald Trump Next Season Because Monkey Running Into Wall Can't Be Made Funnier - Deadline [Last Updated On: May 3rd, 2017] [Originally Added On: May 3rd, 2017]
- Donald Trump Has Been Lying About The Size Of His Penthouse - Forbes [Last Updated On: May 3rd, 2017] [Originally Added On: May 3rd, 2017]
- This is the best news Donald Trump has had in a while - CNN [Last Updated On: May 3rd, 2017] [Originally Added On: May 3rd, 2017]
- AFT President: Betsy DeVos and Donald Trump Are Dismantling Public Education - TIME [Last Updated On: May 3rd, 2017] [Originally Added On: May 3rd, 2017]
- The Donald Trump Zone of Uncertainty shows up in the health-care debate - Washington Post [Last Updated On: May 3rd, 2017] [Originally Added On: May 3rd, 2017]
- Donald Trump Predicts Mideast Peace Is 'Not As Difficult As People Have Thought' - Huffington Post [Last Updated On: May 3rd, 2017] [Originally Added On: May 3rd, 2017]
- Make America Great Again! | Donald J Trump for President [Last Updated On: May 3rd, 2017] [Originally Added On: May 3rd, 2017]
- Donald Trump Rage Tweets Against Media For Taking Seriously His Tweets - Deadline [Last Updated On: June 6th, 2017] [Originally Added On: June 6th, 2017]
- Roger Stone: I Hooked Up Nigel Farage With Donald Trump - Mother Jones [Last Updated On: June 6th, 2017] [Originally Added On: June 6th, 2017]
- Accused leaker Reality Winner called Trump an 'orange fascist' on Twitter - CNN International [Last Updated On: June 6th, 2017] [Originally Added On: June 6th, 2017]
- Donald Trump's Approval Rating Is Better Than Bill Clinton's at This Point in His First Term - Newsweek [Last Updated On: June 6th, 2017] [Originally Added On: June 6th, 2017]
- London, Qatar, Donald Trump: Your Tuesday Briefing - New York Times [Last Updated On: June 6th, 2017] [Originally Added On: June 6th, 2017]
- Donald Trump Escalates Qatar Crisis - HuffPost [Last Updated On: June 6th, 2017] [Originally Added On: June 6th, 2017]
- How Donald Trump Shifted Kids-Cancer Charity Money Into His Business - Forbes [Last Updated On: June 6th, 2017] [Originally Added On: June 6th, 2017]
- No, Donald Trump doesn't have 110 million people following him on social media - Washington Post [Last Updated On: June 6th, 2017] [Originally Added On: June 6th, 2017]
- Donald Trump is the best 2020 recruiter Democrats could hope for - CNN [Last Updated On: June 6th, 2017] [Originally Added On: June 6th, 2017]
- It's Time to Demand Donald Trump's Resignation - RollingStone.com [Last Updated On: June 6th, 2017] [Originally Added On: June 6th, 2017]
- A brief history of Donald Trump's feud with Sadiq Khan, London's first Muslim mayor - Washington Post [Last Updated On: June 7th, 2017] [Originally Added On: June 7th, 2017]
- Donald Trump has a lot of feelings about fame - CNN [Last Updated On: June 7th, 2017] [Originally Added On: June 7th, 2017]
- Donald Trump Is Never to Blame - New York Times [Last Updated On: June 7th, 2017] [Originally Added On: June 7th, 2017]
- Donald Trump will do whatever it takes to distract you from the Comey hearing - CNN [Last Updated On: June 7th, 2017] [Originally Added On: June 7th, 2017]
- President Trump's Approval Rating Hit Another New Low - TIME [Last Updated On: June 7th, 2017] [Originally Added On: June 7th, 2017]
- The Potemkin Policies of Donald Trump - The Atlantic [Last Updated On: June 7th, 2017] [Originally Added On: June 7th, 2017]
- Jeff Sessions committed the one sin Donald Trump can't forgive - CNN [Last Updated On: June 7th, 2017] [Originally Added On: June 7th, 2017]
- James Comey just went nuclear on Donald Trump - CNN International [Last Updated On: June 7th, 2017] [Originally Added On: June 7th, 2017]
- Vladimir Putin, Hillary Clinton and the true cause of Donald Trump's legitimacy crisis his own actions - Salon [Last Updated On: June 9th, 2017] [Originally Added On: June 9th, 2017]
- Donald Trump Proposes Covering Mexican Border Wall With Solar Panels - Futurism [Last Updated On: June 9th, 2017] [Originally Added On: June 9th, 2017]
- Tell Your Senators: Don't Let Donald Trump Take Our Cuba Policy Backwards - The Nation. [Last Updated On: June 9th, 2017] [Originally Added On: June 9th, 2017]
- Donald Trump Wrote a Cookbook - New York Times [Last Updated On: June 9th, 2017] [Originally Added On: June 9th, 2017]
- Donald Trump is destroying America's standing in the world and may end up destroying the world - Salon [Last Updated On: June 9th, 2017] [Originally Added On: June 9th, 2017]
- Donald Trump hasn't tweeted in a very long time - CNN [Last Updated On: June 9th, 2017] [Originally Added On: June 9th, 2017]
- Experts: Trump's Comey Firing 'Possibly Lawful, But Awful' - NBCNews.com [Last Updated On: June 9th, 2017] [Originally Added On: June 9th, 2017]
- Karl Rove, Erick Erickson slam Donald Trump - Salon [Last Updated On: June 9th, 2017] [Originally Added On: June 9th, 2017]
- The Real Scandal Is Still Russia - Slate Magazine [Last Updated On: June 9th, 2017] [Originally Added On: June 9th, 2017]
- 5 times UK Labour leader Jeremy Corbyn slammed Donald Trump - Politico [Last Updated On: June 9th, 2017] [Originally Added On: June 9th, 2017]
- 9 questions Donald Trump needs to answer at today's news conference - CNN [Last Updated On: June 9th, 2017] [Originally Added On: June 9th, 2017]
- So is Donald Trump secretly recording conversations or not? - CNN [Last Updated On: June 9th, 2017] [Originally Added On: June 9th, 2017]
- Watch Donald Trump Throw Binders Full of Highway Environmental Reviews on the Floor - Slate Magazine (blog) [Last Updated On: June 10th, 2017] [Originally Added On: June 10th, 2017]
- This week in Donald Trump's conflicts of interest: Kushner may have problems, but Trump's hotel raises lots of questions - Salon [Last Updated On: June 10th, 2017] [Originally Added On: June 10th, 2017]
- Historian Ruth Ben-Ghiat: Donald Trump looks like Mussolini but can be overcome - Salon [Last Updated On: June 10th, 2017] [Originally Added On: June 10th, 2017]
- This One Tweet May Lead to Donald Trump's Impeachment - National Review [Last Updated On: June 10th, 2017] [Originally Added On: June 10th, 2017]
- Fact Check: Donald Trump's Claims About Infrastructure - New York Times [Last Updated On: June 10th, 2017] [Originally Added On: June 10th, 2017]
- The Worst of Donald Trump's Toxic Agenda Is Lying in Wait A Major US Crisis Will Unleash It - The Intercept [Last Updated On: June 10th, 2017] [Originally Added On: June 10th, 2017]
- Boy Scout James Comey is no match for Donald Trump - Washington Post [Last Updated On: June 10th, 2017] [Originally Added On: June 10th, 2017]
- Justice Department: Trump Can Take Payments From Foreign Governments - TIME [Last Updated On: June 11th, 2017] [Originally Added On: June 11th, 2017]
- Marc Kasowitz, Donald Trump's lawyer, has clients with Kremlin ties - The Denver Post [Last Updated On: June 11th, 2017] [Originally Added On: June 11th, 2017]
- Yes, Donald Trump is an incompetent buffoon but he's still a major threat to democracy - Salon [Last Updated On: June 11th, 2017] [Originally Added On: June 11th, 2017]
- Democrats bet on Trump in Virginia governor's race - Politico [Last Updated On: June 11th, 2017] [Originally Added On: June 11th, 2017]
- Will Donald Trump's anti-Muslim words on travel ban hurt his case? - USA TODAY [Last Updated On: June 11th, 2017] [Originally Added On: June 11th, 2017]
- Donald Trump's State Visit To The UK Now In Doubt - HuffPost [Last Updated On: June 11th, 2017] [Originally Added On: June 11th, 2017]
- Donald Trump Jr.: There's 'no ambiguity' in my father's orders - CNN [Last Updated On: June 11th, 2017] [Originally Added On: June 11th, 2017]
- Ivanka condemns Donald Trump's 'vicious critics' - BBC News [Last Updated On: June 13th, 2017] [Originally Added On: June 13th, 2017]
- Donald Trump Surrogate Lays Out POTUS Case For Sacking Special Counsel Robert Mueller - Deadline [Last Updated On: June 13th, 2017] [Originally Added On: June 13th, 2017]
- Russia, Theresa May, Donald Trump: Your Tuesday Briefing - New York Times [Last Updated On: June 13th, 2017] [Originally Added On: June 13th, 2017]
- Donald Trump in Wonderland: Literally everything our president says and does reflects the opposite of reality - Salon [Last Updated On: June 13th, 2017] [Originally Added On: June 13th, 2017]
- Donald Trump Is Turning Young Voters Off the GOPand Maybe Forever - Daily Beast [Last Updated On: June 13th, 2017] [Originally Added On: June 13th, 2017]
- Trump's Own Tweets Help Kill His Government's Travel Ban, Again - Fortune [Last Updated On: June 13th, 2017] [Originally Added On: June 13th, 2017]
- Donald Trump's Approval Rating Sinks Further As Disapproval Hits Record High - Newsweek [Last Updated On: June 13th, 2017] [Originally Added On: June 13th, 2017]
- When Jeff Sessions met Donald Trump: The origins of an alliance now strained - Washington Post [Last Updated On: June 13th, 2017] [Originally Added On: June 13th, 2017]
- Donald Trump just held the weirdest Cabinet meeting ever - CNN [Last Updated On: June 13th, 2017] [Originally Added On: June 13th, 2017]
- Donald Trump to mayor of island sinking due to climate change: Don't worry about it! - Salon [Last Updated On: June 14th, 2017] [Originally Added On: June 14th, 2017]
- Trump son tweet connects shooting to NYC 'Julius Caesar' play - CNN [Last Updated On: June 14th, 2017] [Originally Added On: June 14th, 2017]
- Newt Gingrich, Donald Trump Jr. rush to blame Kathy Griffin and the left for baseball shooting - Salon [Last Updated On: June 14th, 2017] [Originally Added On: June 14th, 2017]
- Donald Trump's Biggest Mistake Might Have Been Getting Elected - Vanity Fair [Last Updated On: June 14th, 2017] [Originally Added On: June 14th, 2017]
- Congress Shooter Is Dead - TMZ.com [Last Updated On: June 14th, 2017] [Originally Added On: June 14th, 2017]
- Trump faces first big domestic moment - Politico [Last Updated On: June 14th, 2017] [Originally Added On: June 14th, 2017]
- Tiny mark on Melania Trump's birthday card to Donald Trump sparks wild theories - AOL [Last Updated On: June 16th, 2017] [Originally Added On: June 16th, 2017]
- Donald Trump Is Now Facing Three Emoluments Lawsuits - Slate Magazine [Last Updated On: June 16th, 2017] [Originally Added On: June 16th, 2017]
- Play Video - TIME [Last Updated On: June 16th, 2017] [Originally Added On: June 16th, 2017]
- Donald Trump Blocked Me on Twitter for Telling Him He's Not as Cool as Witches - Newsweek [Last Updated On: June 16th, 2017] [Originally Added On: June 16th, 2017]
- Senate passes Russia sanctions bill, pushing back against Trump - CNN [Last Updated On: June 16th, 2017] [Originally Added On: June 16th, 2017]
- Australian leader is on the hot seat for making fun of Donald Trump - Washington Post [Last Updated On: June 16th, 2017] [Originally Added On: June 16th, 2017]
- Flattery is Donald Trump's cocaine he's addicted to it - USA TODAY [Last Updated On: June 16th, 2017] [Originally Added On: June 16th, 2017]
- Moving to Scuttle Obama Legacy, Donald Trump to Crack Down on Cuba - New York Times [Last Updated On: June 16th, 2017] [Originally Added On: June 16th, 2017]
- Donald Trump doesn't get the special counsel investigation. And he's never going to. - CNN [Last Updated On: June 16th, 2017] [Originally Added On: June 16th, 2017]
- Memo to Donald Trump: The election ended 219 days ago. You won. - CNN [Last Updated On: June 16th, 2017] [Originally Added On: June 16th, 2017]
- Who in the White House Will Turn Against Donald Trump? - The New Yorker [Last Updated On: June 17th, 2017] [Originally Added On: June 17th, 2017]