Trump impeachment: Judge orders DOJ to hand full Mueller grand jury evidence to Congress

Court rejects White House's attempts to claim impeachment inquiry is 'illegitimate'

The US Justice Department (DOJ) must give secret grand jury evidence from the Mueller investigation to Congress as part of the impeachment inquiry against Donald Trump, according to a federal judge.

In a victory for Democrats looking to gather evidence on alleged misconduct by the president, a US District judge has ordered the DOJ to turn over the materials by 30 October.

However, the Trump administration is expected to appeal the decision, which would allow House investigators to see redacted portions of Robert Mueller’s report into Russia interference in the 2016 presidential election.

The ruling by Beryl Howell, the chief judge for the Washington DC district court, comes as Democrats gather closed-door testimony from current and former government officials about the Trump administration’s efforts to get Ukraine to investigate Mr Trump’s 2020 political rival Joe Biden.

Previously unseen details from the Mueller investigation could shed new light on key episodes from the 2016 election, such as Donald Trump Jr’s Trump Tower meeting with Russians who claimed to have damaging information about Hillary Clinton.

In a 75-page ruling accompanying the order, Mr Howell dismissed many of the Trump administration's arguments for withholding materials from Congress.

“The Department of Justice claims that existing law bars disclosure to the Congress of grand jury information,” Ms Howell wrote.

“DOJ is wrong.”

She added: “The reality is that DOJ and the White House have been openly stonewalling the House's efforts to get information by subpoena and by agreement, and the White House has flatly stated that the administration will not cooperate with congressional requests for information.”

In another blow for the Trump administration, Ms Howell also rejected the White House’s argument that the House’s impeachment inquiry is illegitimate without a formal vote on an investigation.

“A House resolution has never, in fact, been required,” the judge said.

The material covered by the order consists of redacted grand jury testimony mentioned in Mueller's report, which, Ms Howell said, could help lawmakers decide which witnesses to call and what additional lines of investigation to pursue in their inquiry.

The court also rejected the DOJ’s argument that impeachment does not qualify as a “judicial proceeding” – a distinction that is important because grand jury testimony can be legally disclosed in connection with a judicial proceeding.

“To the extent the House's role in the impeachment context is to investigate misconduct by the president and ascertain whether that conduct amounts to an impeachable offence warranting removal from office, the House performs a function somewhat akin to a grand jury," Ms Howell wrote.

Representative Jerry Nadler, the Democratic chairman of the House Judiciary Committee, said he was “gratified” by the ruling.

“The court's thoughtful ruling recognises that our impeachment inquiry fully comports with the Constitution and thoroughly rejects the spurious White House claims to the contrary,” he said, adding that the grand jury information would be “critical” to the committee’s investigation.

Nancy Pelosi, the House speaker, described the ruling as “another blow to President Trump’s attempt to put himself above the law.”

“This critical court ruling affirms Congress’ authority to expose the truth for the American people,” Ms Pelosi said.

“The decision is also a resounding rebuke to attorney general [William] Barr’s brazen effort to hold the president above the law and to prevent evidence of presidential wrongdoing from being uncovered.”

A Justice Department spokesperson said it was reviewing the court’s decision.

The Mueller report found insufficient evidence to establish a criminal conspiracy between Russia and the 2016 Trump campaign.

However, it pointedly determined that Mr Trump could not be exonerated on obstruction of justice allegations over his attempts to thwart the investigation.

Additional reporting by AP