DOJ files brief arguing against House impeachment probe

The Department of Justice (DOJ) argued Friday that a federal court should reject the House Judiciary Committee’s efforts to obtain evidence and testimony from special counsel Robert MuellerRobert (Bob) Swan MuellerLewandowski says Mueller report was 'very clear' in proving 'there was no obstruction,' despite having 'never' read it Fox's Cavuto roasts Trump over criticism of network Mueller report fades from political conversation MORE’s investigation in part because Democrats cannot agree on the scope of the panel’s inquiry. 

The DOJ noted conflicting language used by House Democrats as to whether the Judiciary Committee’s probe into obstruction of justice, among other things, amounted to an impeachment investigation, specifically citing reluctance among House leadership to label the inquiry as such. 

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“Most prominently, the speaker of the House has been emphatic that the investigation is not a true impeachment proceeding,” the DOJ wrote, adding that Pelosi said Democrats were “not even close” to a formal impeachment investigation. 

The filing also highlighted House Majority Leader Steny HoyerSteny Hamilton HoyerDemocrat accuses GOP of opposing DC statehood because of 'race and partisanship' News outlets choose their darlings, ignore others' voices Overnight Health Care — Presented by Partnership for America's Health Care Future — Pelosi set to unveil drug price plan | Abortion rate in US hits lowest level since Roe v. Wade | Dems threaten to subpoena Juul MORE’s (D-Md.) statement this month that the Judiciary panel is trying to expedite court cases by convincing federal courts to compel the administration to provide sought after documents and testimony.

House Democrats are scrambling to gain access to grand jury information obtained during the Mueller investigation. The Judiciary committee has argued that its probe is an “impeachment investigation” and is taking action preliminary to “judiciary proceeding” — referring to an ultimate Senate trial — a move they say satisfies an exception to federal grand jury secrecy rules. 

The Justice Department rejected that claim Friday, citing conflicting statements among the House Democratic delegation and admissions that the Judiciary panel’s probe can lead to several possible outcomes beyond an impeachment vote.

“As the Committee’s Chairman has stressed—and as the Speaker of the House and the House Majority Leader both reiterated this week—the purpose of its investigation is to assess numerous possible remedial measures, including censure, articles of impeachment, legislation, Constitutional amendments, and more,” the DOJ said. “What may come of this investigation—if anything—remains unknown and unpredictable.”

The DOJ went on to argue that even if the House probe was a preliminary impeachment investigation, the federal grand jury secrecy rules must still be honored.

“[I]mpeachment proceedings in Congress — including hypothetical removal proceedings in the Senate — are not ‘judicial proceedings’ under the plain and ordinary meaning of that term.” 

The DOJ’s court filing came a day after the judiciary panel voted to expand its powers to investigate Trump while it mulls launching formal impeachment proceedings.

While a majority of the Democratic House delegation has voiced support for impeachment in some form, divides remain over whether the party should support an investigation into impeachment or a formal impeachment inquiry that requires a vote in the House. 

Rep. Jerrold NadlerJerrold (Jerry) Lewis NadlerPelosi: Lewandowski should have been held in contempt 'right then and there' Nadler's House committee holds a faux hearing in search of a false crime Lewandowski says he's under no obligation to speak truthfully to the media MORE (D-N.Y.), the chairman of the Judiciary Committee, and several other committee chairs have favored impeachment as a means of expediting compliance with document and testimony requests and subpoenas, Speaker Nancy PelosiNancy PelosiPatagonia says to shut stores for a few hours during Global Climate Strike Overnight Health Care — Presented by Partnership for America's Health Care Future — Pelosi unveils signature plan to lower drug prices | Trump says it's 'great to see' plan | Progressives pushing for changes Progressives push for changes to Pelosi drug pricing plan MORE (D-Calif.) has warned the prospect has no chance of passing a GOP-controlled Senate, could unite Trump’s base and might endanger Democrats in swing districts where impeachment is particularly unpopular.