Home Committee on the Judiciary asks courtroom to place off oral argument on Mueller supplies

Symposium: The individual plaintiffs in California v. Texas suffer a greater Article III injury than did the individual plaintiffs in NFIB v. Sebelius

Posted Tue, Nov 17th 2020 1:23 pm by Amy Howe

The House Committee on the Judiciary on Tuesday asked the Supreme Court to remove its dispute with the Justice Department over classified materials from the Mueller investigation from the court’s December calendar of arguments. The committee told judges that following the inauguration of a new Congress and President-elect Joe Biden in January, “a decision must be made whether to continue its efforts” in order to gain access to the materials now held before the Justice Department against House Committee on Justice.

The dispute arose last year after Special Adviser Robert Mueller forwarded his report on possible Russian interference in the 2016 election to Attorney General William Barr. Barr released an edited version of the report in April 2019, but a few months later the committee went to court in Washington, DC, asking a federal judge for an order requiring the Justice Department to disclose the edited portions of the report, along with secret Mueller reports Grand Jury transcripts and materials for use in the impeachment investigation of the committee.

The District Court upheld the committee’s motion and the District of Columbia Circuit’s US Court of Appeals upheld the decision. The Justice Department then turned to the Supreme Court, which agreed in May of this year to block disclosure of the materials. Six weeks later, the judges announced that they would start the case, which was later scheduled for December 2nd.

In a brief filing on Tuesday morning, the committee asked the judges to remove the case from the December argumentation calendar. The committee stressed that its “investigations into President Trump’s wrongdoing, monitoring of agency activities during the Trump administration and review of related legislative reforms are ongoing.” Once the new Congress and Biden are sworn in, plans for filing for Grand Jury materials may change. As a result, the committee concluded that “postponing the hearing is in the interests of the parties and the Court of Justice and may save judicial resources”. The committee did not indicate whether or when a new date should be set for the argument.

The Ministry of Justice, the committee informed the court, plans to respond to the committee’s request.

This post was originally published on Howe on the Court.

Posted in Justice Department v House Committee on the Judiciary, Featured, Merits Cases

Recommended citation:
Amy Howe, House Committee on Justice, asked the court to postpone the hearing on Mueller materials.
SCOTUSblog (November 17, 2020, 1:23 pm), https://www.scotusblog.com/2020/11/house-committee-on-the-judiciary-asks-court-to-put-off-oral-argument – auf-Müller materials /