|Judge John Sirica|
Is Chief Judge of the U.S. District Court for D.C., Beryl Howell, a new Sirica? Her 75-page opinion is being cited widely not only as a rejection of the Justice Department’s refusal to turn over redacted parts of the Mueller Report to the House Judiciary Committee, but offered a strong rebuttal to the White House’s and its counsel’s total stonewalling of the entire House impeachment process as “constitutionally invalid.”
Howell ruled that the Judiciary Committee’s request was part of a valid impeachment inquiry and that: “Blocking access to evidence collected by a grand jury relevant to an impeachment inquiry, as DOJ urges, undermines the House’s ability to carry out its constitutional responsibility with due
|Chief Judge Beryl Howell | Diego M. Radzinschi/ALM|
She specifically rebuked the White House Counsel’s letter as an overreach that strengthened the Judiciary Committee’s case.
“The White House’s stated policy of non-cooperation with the impeachment inquiry weighs heavily in favor of disclosure. Congress’s need to access grand jury material relevant to potential impeachable conduct by a President is heightened when the Executive Branch willfully obstructs channels for accessing other relevant evidence.”
Howell also rejected the White House’s and the DOJ’s position that there had to be a House vote to start in inquiry.
Although this ruling will likely be appealed, it undermines the critical rationale of the White House/DOJ case. Speaker Nancy Pelosi had her own rejoinder: “Mr. President, you are not above the law. You will be held accountable.”