WASHINGTON – The Supreme Court on Wednesday temporarily blocked Congress from obtaining secret grand jury material from the Russia investigation, putting on hold a lower court’s ruling that would’ve allowed such disclosure while it decides whether to take the case on appeal. 

House Democrats and the Justice Department have been locked in a legal battle over grand jury testimony gathered during former special counsel Robert Mueller’s investigation into Russia’s interference in the 2016 election. In March, a federal appeals court in Washington, D.C., ruled that the House committee is entitled to the evidence.

The Justice Department is asking the Supreme Court to review the ruling. The high court gave the government until June 1 to file its legal papers arguing why the high court should take the appeal.

The House Judiciary Committee argued that the secret grand jury material “is central” to its inquiry into possible obstruction of justice by President Donald Trump and could reveal new evidence of impeachable offenses. If so, the committee said it will consider recommending new articles of impeachment. 

Fight over Mueller grand jury: House tells Supreme Court its investigation into possible impeachable offenses isn’t over

After being impeached in the House, Trump was acquitted of abuse of power and obstruction of Congress in the Senate in February. The proceedings focused on the Trump administration’s dealings with Ukraine. 

The Justice Department said House Democrats aren’t entitled to grand jury evidence because they have yet to explain which specific testimony they need access to or how it would help their investigation. Solicitor General Noel Francisco argued the House has no “urgent need of the requested materials for a hypothetical second impeachment.”

At issue before the high court is a more basic legal question: Is a Senate impeachment trial a judicial proceeding?

The lower court ruled that it is, saying the Framers of the Constitution understood impeachment to involve the exercise of judicial power. 

Douglas Letter, general counsel for the House, quoted Kenneth Starr, who defended Trump in the Senate impeachment trial: “For literally decades, this body was referred to this in this context as the High Court of Impeachment. So we are not a legislative chamber during this proceedings … We are in court.”

Court rules in favor of Congress: DC appeals court allows release of secret Mueller grand jury testimony to Congress

The Justice Department said the lower court’s expansive definition of judicial proceeding and when grand jury secrecy must be enforced contradicts Supreme Court precedent. The “ordinary meaning” of the term suggests that a judicial proceeding happens before a court – “not an impeachment trial before elected legislators,” Francisco argued. 

The House Judiciary Committee’s investigation focuses on the instances of obstruction of justice possibly committed by the president during the course of the Mueller investigation.

A separate but related subpoena seeks testimony from former White House counsel Donald McGahn, a key witness on possible obstruction by Trump. The Trump administration has blocked McGahn from testifying, saying Congress can’t force high-ranking presidential aides to testify.

In February, a three-judge appeals court panel ruled that McGahn does not have to testify, saying the judiciary can’t be an “ombudsman” who resolves disputes between the executive and legislative branches of government. The full appeals reheard the case last month.

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