Seeing Through the B.S.: D.C. Judge Denies Dems’ Attempt to Connect McGahn Subpoena to Request for Russia Investigation Secret Grand Jury Info; DOJ Accuses Dems of ‘Trying to Game the System’

  • In a blow to House Democrats, D.C. District Court Chief Judge Beryl Howell ruled against an attempt by the Democrats on the House Judiciary Committee to connect their subpoena for former White House counsel Don McGahn “to a separate request for secret grand jury information from the Russia investigation,” which led to the Justice Department accusing them of “trying to game the system.”
  • Although cases are typically assigned to judges randomly, “which the DOJ said is meant to keep parties from attempting to game the system by shopping for a judge they like,” the department said in a Tuesday court filing that the House Democrats were trying to exploit the system.
  • The DOJ accuses the Democrats of “exploiting an exception that allows related cases to be heard by the same judge,” but the DOJ said “the panel improperly sought to connect the McGahn case to the grand jury case simply because they’re both part of their investigation of President Trump.”
  • Judge Howell wrote: “[A]t first blush, the House Judiciary Committee’s view that the related case rule applies is understandable. Nonetheless, closer examination demonstrates that these connections between the two cases are too superficial and attenuated for the instant McGahn Subpoena Case to qualify[.]”
  • Howell is assigned to the grand jury case and agreed with the DOJ that the Democrats’ “request to unseal secret grand jury information from former special counsel Robert Mueller’s probe has to do with the application of the law under the Federal Rules of Criminal Procedure, while the McGahn case is a civil matter dealing with enforcing a subpoena where immunity has been asserted.”
  • In its court filing, the DOJ argued: “This later-filed, subpoena-enforcement suit involves no issues of fact or law common to the earlier Grand Jury application, nor does it focus on a common event or transaction such that the matters would be ‘related.’”
  • However, the House Judiciary Committee argued that the cases are connected since the Democrats say they are both related to an “impeachment investigation” of the president.
  • Additionally, “their complaint against McGahn calls him the most important witness, other than the President, to the key events that are the focus of the Judiciary Committee’s investigation into Russian interference in the 2016 presidential election.”
  • A Judiciary Committee spokeswoman said: “The judge had this discretion under the rule and we appreciate the rapid reassignment. We look forward to getting to the merits of our complaint.”

Reference Links

  • Fox: Judge slaps down Dem gambit in Trump impeachment probe READ
  • Politico: Judge rejects House Dem request to link McGahn, Mueller grand jury lawsuits READ
  • BPR: Nadler, House Dems slapped down by DC judge for ‘trying to game system’ in ‘get Trump’ ploy READ
  • The Hill: Judge rules against Democrats on linking McGahn, Mueller cases READ

1 Comment

  1. you can see where the dems derangement is leading,….they want to say ” trump ordered Mueller fired!!!”
    it doesn’t matter Mcgann never went through with it, just the mere mentioning it is enough .

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