House Democrats told the Supreme Court on Monday that they are again in the midst of an “ongoing presidential impeachment investigation” as part of their “weighty constitutional responsibility” – and, the Democrats argued, redacted grand-jury material from Special Counsel Robert Mueller’s now-completed Russia probe must be turned over as a result.
Top Democrats have repeatedly suggested since President Trump was acquitted on two articles of impeachment in February that they might initiate new impeachment proceedings. In their brief with the Supreme Court, which seeks testimony, exhibits and transcripts, the Democrats promised that leaks won’t be a problem, owing to their “special protocols” that will ensure “secrecy.”
“The [House Judiciary] Committee’s investigation did not cease with the conclusion of the impeachment trial,” the Democrats told the nine justices on Monday. “If this material reveals new evidence supporting the conclusion that President Trump committed impeachable offenses that are not covered by the articles adopted by the House, the committee will proceed accordingly — including, if necessary, by considering whether to recommend new articles of impeachment.”
Specifically, the Democrats said they were looking into “the possible exercise of improper political influence over recent decisions made in the Roger Stone and Michael Flynn prosecutions, both of which were initiated by the special counsel.”
In Stone’s case, the DOJ reversed a sentencing recommendation to Judge Amy Berman Jackson by former Mueller prosecutors that Stone should receive nine years in prison for obstructing Congress and related charges, saying it was obviously too harsh; indeed, Jackson later sentenced Stone to just three years in prison.
And, the DOJ has moved to dismiss Flynn’s case entirely, citing a mountain of exculpatory material that has surfaced since his guilty plea on one count of false statements to FBI agents, even after prosecutors had assured the court they had turned over all potentially relevant documents.
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