In news that should encourage all Democrats and other patriotic Americans, The New York Times reports that the House Judiciary Committee “asked a federal judge to unseal grand jury secrets related to Robert S. Mueller III’s investigation, using the court filing to declare that lawmakers have already in effect launched an impeachment investigation of President Trump.”
In a legal maneuver that carries significant political overtones, the committee told a judge that it needs access to the grand jury evidence collected by Mr. Mueller as special counsel — such as witness testimony — because it is “investigating whether to recommend articles of impeachment” against the president.
“Because Department of Justice policies will not allow prosecution of a sitting president, the United States House of Representatives is the only institution of the federal government that can now hold President Trump accountable for these actions,” the filing told the judge, Beryl A. Howell, who supervised Mr. Mueller’s grand jury.
Referring to the part of the Constitution that gives Congress the power to impeach and remove a president, the filing continued: “To do so, the House must have access to all the relevant facts and consider whether to exercise all its full Article I powers, including a constitutional power of the utmost gravity — approval of articles of impeachment.”
As I reported Wednesday evening, and yesterday, Chairman Nadler can unilaterally proceed in this fashion without the much discussed 218 House floor vote because, earlier in this session, a little noticed impeachment resolution was referred to the HJC as an alternative to being tabled. So, this clever maneuver allows House Democrats to avoid the awkward situation of forcing centrist Democrats in Trump districts into a floor vote to authorize the HJC to initiate an impeachment investigation. Nadler has, instead, declared that this investigation has already been, “de facto,” underway.
“Too much has been made of the phrase ‘an impeachment inquiry,’” Mr. Nadler said at a news conference. “We are doing what our court filing says we are doing, what I said we are doing, and that is we are using our full Article I powers to investigate the conduct of the president and to consider what remedies there are. Among other things we will consider, obviously, is whether to recommend articles of impeachment.”
Hurray, finally we are off to the races and in the game. Gaining this kind of impeachment power is what many of us have been recommending all year. Gaining all of the underlying grand jury evidence will be a significant step forward, and represents the kind of serious, significant investigative step, the absence of which I’ve been grousing about.
Also encouraging is news that at least many members of the House Judiciary Committee will be working through the 6 week August summer recess to sustain and increase our forward motion in holding Trump accountable for his many vile high crimes, misdemeanors, and other unpresidential behavior.
Let the impeachment hearings begin!