WASHINGTON, D.C.- It’s a strange, but not surprising turn of events.
Breitbart News is reporting that house Democrats told the Supreme Court on Monday that “they need access to secret grand jury materials because they are still investigating President Donald Trump in connection with Russia ‘collusion’ and may want to impeach him, again.
Taken just over a week after revelations came out about the Obama administration’s unmasking of Lt. Gen. Michael Flynn, as well as previous documents that showed the FBI knew the Steele dossier was bogus, it is unclear exactly what the Democrats are up to.
CNN obtained a legal filing in which the Democrats told the Supreme Court that they need grand jury materials due to the ongoing impeachment inquiry into President Trump’s alleged obstruction of justice in the Russia probe.
According to the filing, the Democrats are seeking “disclosure to the House Committee on the Judiciary of a limited set of grand-jury materials for us in the Committee’s ongoing Presidential impeachment investigation.”
In 2019, Special Counsel Robert Mueller had concluded after his investigation that there had indeed been no collusion between Russia and the Trump campaign.
When Mueller released his findings, he had submitted two volumes—one concerning the collusion investigation, and the other one on a separate obstruction of justice investigation.
Mueller made no recommendation for prosecution, however Democrats said that the separate obstruction of justice findings provided a basis for potentially impeaching Trump for that charge.
As part of their continuing search for something to impeach President Trump for, Democrats claimed that certain parts of the report that were redacted contained possible incriminating information, although they refused an offer from Attorney General Bill Barr to view a less redacted version of the report.
They were also seeking access to grand jury materials that Mueller had presented, however since grand jury materials are typically kept secret, Barr declined the Democrats’ request, citing federal law. As if on cue, the Democrats held Barr in contempt of Congress, and then went to federal court to seek the materials.
The Democrats prevailed in the D.C. circuit, however the Justice Department filed an appeal to the U.S. Supreme Court on May 7, with Chief Justice John Roberts invoking a temporary hold on the grand jury materials on May 8.
The Democrats complained in their court filing that further delays in releasing the grand jury materials would make it impossible for them to impeach the president again before Congress’s term ends.
Apparently in the middle of a pandemic with 75,000 dead Americans, tens of millions of Americans on unemployment and hundreds of thousands of businesses shuttered, some permanently, impeaching the president again is a priority.
If DOJ’s request for a stay is granted, DOJ need not file its certiorari petition until August 2020, and therefore this Court likely will not determine whether to grant or deny that petition until at least October 2020.
This substantial delay will seriously endanger the Committee’s ability to complete its impeachment investigation during the current Congress—which ends not long thereafter on January 3, 2021.
If that were to occur, the November election becomes even more important for Republicans. If President Trump is elected to another term, Republicans would need to flip 17 seats from Democrats in order to regain control of the House.
Since President Trump was acquitted of two articles of impeachment in February, Democrats have continuously indicated that they might seek a new impeachment trial against the president.
In the ultimate show of chutzpah given the proclivity of leaks surrounding the Michael Flynn case, Democrats assured the Supreme Court in their brief that leaks would not be a problem, saying they had “special protocols” in place that will ensure “secrecy,” Fox News said.
“The [House Judiciary] Committee’s investigation did not cease with the conclusion of the impeachment trial,” Democrats told the high court 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.”
The focus of the Democrats’ concern this time was “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.”
As to Roger Stone, the Department of Justice issued a revised sentencing recommendation to leftist judge Amy Berman Jackson, where Stone was initially recommended to receive a nine-year sentence in prison for obstruction of Congress, as well as some other related charges.
The recommendation was changed to three years in prison, which Jackson later accepted.
In the case of Flynn, the DOJ wants to dismiss his case completely, given a large amount of exculpatory information that has arisen after he was virtually coerced into pleading guilty on one count of making false statements to FBI agents.
The information was revealed after prosecutors had told the court that all relevant documents had been turned over to the court.
Despite all of the talk coming out of people like Adam Schiff and others who kept pushing the Russia collusion narrative, neither Stone nor Flynn were ever accused of conspiring with Russia to collude in the 2016 election.
In fact, the only evidence that came out was the fact that the Democratic National Committee and the Clinton campaign had funded the phony dossier that led to the entire Mueller investigation.