Posts tagged with "Subpoenas"

House Democrats move to stop Barr from ‘running out the clock’

April 3, 2019

House Democratic leaders are desperately trying to stop Republicans from “running out the clock.”

As it stands now, the GOP is focused on delaying the release of the full Mueller report until the American electorate can be cajoled by the president and his party’s leaders into accepting that Attorney General William Barr’s four-page analysis of the findings is a fait accompli.

On April 2, Politico reported, Democrats called for Barr to appear immediately for a hearing to explain his decision last month to release the top-line summary without unveiling the full report.

Barr’s four-page memo asserted that the special counsel did not find a criminal conspiracy between the Trump campaign and Moscow to sway the 2016 presidential election in his 400-page report—but it also said that Mueller did not exonerate the president on obstruction of justice. However, Barr added that he would not charge the president with obstruction of justice. Trump has touted the letter as a complete vindication.

The chairmen of six House committees, including Judiciary’s Jerry Nadler, said in their letter sent Monday to Barr that he should testify “as soon as possible — not in a month, as you have offered, but now” to discuss his rationale.

In their letter and an accompanying nine-page memo to Barr, the Democrats also quibbled with the potential edits and modifications that could limit their ability to see the full Mueller report.

But Barr said before he releases the Mueller report, he would remove four categories of sensitive information: materials gathered during the grand jury process, which are protected by law; classified information dealing with intelligence sources and methods; information tied to ongoing investigations; and anything harmful to “reputational interests of peripheral third parties.”

Democrats pushed back, urging Barr to ask a federal district court judge to give DOJ permission to release materials otherwise protected under grand jury secrecy rules. And they argued that Barr has no authority to hold back information that could harm someone’s “reputational interests,” including materials related to Trump family members who work in the White House.

The Democrats also called on Barr to make a “detailed log of each redaction and the reasons supporting it” in case there are fights later with lawmakers.

Separately, Politico noted, the letter previewed another major moment ahead, calling on Barr “to refrain from interfering with Special Counsel Mueller testifying before the Judiciary Committee — and before any other relevant committees —after the report has been released regarding his investigation and findings.” No date has been scheduled for a Mueller hearing in the House, although Democrats have long signaled plans to call the special counsel in for testimony if they don’t get a complete look at his findings.

Originally, Nadler had set an April 2 deadline for Barr to hand over Mueller’s report and its underlying evidence. His Democratic-led panel plans on Wednesday to vote on authorizing the use of a subpoena to compel its release “in unredacted form.”

Research contact: @politico

Judge gives go-ahead to subpoenas in Trump Hotel emoluments lawsuit

December 5, 2018

Peter J. Messitte, a federal judge for the U.S. District Court of Maryland ruled on December 3 that lawyers for Maryland and Washington, D.C., plaintiffs in an emoluments-related lawsuit can start issuing subpoenas. The suit alleges that President Donald Trump has used his luxury hotel near the White House to unconstitutionally profit from his political office, Politico reported on December 3.

The case would set the stage either for potentially shutting down the Trump International Hotel in Washington, D.C., or for requiring Trump to divest entirely from the property—where many foreign diplomats currently are staying when they visit the Beltway and where many U.S. politicians are holding dinners and events to gain favor with the president.

In fact, the GSA lease for the property—which governs the use of the Old Post Office Building in the District of Columbia, where the hotel is situated—clearly states: “No … elected official of the Government of the United States … shall be admitted to any share or part of this Lease, or to any benefit that may arise therefrom.

According to Politico, the attorneys general in Maryland and Washington said they planned to serve as many as 20 companies and government agencies with subpoenas by midday on December 4.

It’s the first time a lawsuit alleging a president violated the Constitution’s emoluments, or anti-corruption, clauses has advanced to the discovery stage, the political news outlet noted.

In response, Politico reported, the Justice Department on November 30 said it would try to halt the attorneys’ general case with an appeal to the 4th Circuit Court of Appeals in Richmond, but by the end of the day on Monday, December 3, the DOJ had yet to file anything in that court.

Maryland Attorney General Brian Frosh said that, if Justice Department lawyers do seek to stop the case, he said he was confident the delay would be temporary.

“They have a very high burden to win on a Writ of Mandamus, I don’t think they can meet that standard here,” Frosh told Politico. “They’ve done everything they possibly can to stop us from getting discovery.”

Research contact: @Woellert