Seth Abramson got rolled this A.M. by Republicans. Democrats must defend Congressional access to grand jury materials even before it has opened formal impeachment proceedings.
Abramson let himself get rolled this A.M. by the Republicans. 1/7
Exactly. I don’t see this news as problematic for Democrats, as in fact it gives them political cover, if any is needed, to correctly argue that they have to begin an inquiry in order to get basic information essential to their oversight responsibilities. This is bad for the GOP.
“Rule 6(e)(3)(E) provides in relevant part that the court ‘may authorize disclosure . . . of a grand-jury matter’ (1) PRELIMINARILY TO [emphasis mine] or in connection with a judicial proceeding;…” 2/7
The words “preliminarily to” are important here, as they have been interpreted by courts to include inquiries made by Congress when it engages in inquiries PRELIMINARILY to the opening of formal impeachment proceedings. (These are sometimes called “quasi-judicial.”) 3/7
(Formal impeachment proceedings are deemed to be fully judicial. They are, after all, TRIALS for high crimes and misdemeanors authorized by the Constitution.) 4/7
Dems should never, ever agree to any move that undermines the important role that grand juries serve when they issue reports and provide materials to support the INVESTIGATIVE role of legislative bodies like Congress. 5/7
That is a principle that is fundamental to the whole history of the grand jury tradition, going back to its origins in English law.
Shame on Abramson for letting himself get scammed. 6/7
Fortunately, Abramson is wrong on the point as a matter of law. Court precedents, without exception, show that Nadler can get the grand jury materials from the D.C. District Court w/out opening formal impeachment hearings. Nor should he have to.7/7
