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![handle is hein.presidents/usgvtwht0324 and id is 1 raw text is:
DOUGLAS N. LETTER BROOKS M. HANNER
GENERAL COUNSEL ASSOCIATE GENERAL COUNSEL
TODD B. TATELMAN U.S. HOUSE OF REPRESENTATIVES ADAM A. GROGG
PRINC1PALDEPUTY GENERAL COUNSEL OFFICE OF GENERAL COUNSEL ASSOCIATE GENERAL COUNSEL
MEGAN BARBERO 219 CANNON HOUSE OFFICE BUILDING SARAH E. CLOUSE
DEPUTY GENERAL COUNSEL ASSOCIATE GENERAL COUNSEL
WASHINGTON, DC 20515-6532
JOSEPHINE MORSE (202) 225-9700 WILLIAM E. HAVEMANN
DEPUTY GENERAL COUNSEL FAX: (202) 226-1360 ASSOCIATE GENERAL COUNSEL
JONATHAN B. SCHWARTZ
ATTORNEY
January 23, 2020
By CM/ECF
Mark Langer
Clerk of Court
U.S. Court of Appeals for the D.C. Circuit
333 Constitution Ave. N.W.
Room 5205
Washington, D.C. 20001
Re: In Re Application of the Committee on the Judiiagy, U.S. House of Representatives, for an
Order Authoring the Release of Certain GrandJuy MaterIals, No. 19-5288
Pursuant to Rule 280), we write to inform the Court that the impeachment trial
of President Trump commenced on January 21. These proceedings confirm the
Committee's legal entitlement to the withheld grand-jury materials.
First, the proceedings underscore that an impeachment trial is a judicial
proceeding under Rule 6(e). The Chief Justice opened the proceedings by stating
[t]he Senate will convene the court of impeachment. Tr. of Senate Trial, Day 2 pt. 1 at
00:00-03, In Re Impeachment of President DonaldJ. Trump Uan. 21, 2020) (emphasis
added). Each party has filed a trial memorandum; the record will be transferred
to the Senate; the parties may make pretrial motions; the record materials may be
admitted into evidence; President Trump may make objections; and the Chief
Justice may adjudicate these objections. This describes a judicial proceeding.
Second, one of President Trump's defenses in the impeachment is that the
House should have gone to court to obtain the information he withheld. The House
did exactly that here. In response, DOJ reversed its decades-old position, defied the
longstanding consensus of all three Branches, and argued that grand-jury materials are
unavailable to Congress in advance of an impeachment trial. DOJ counsel went
further at oral argument, contending that it could be unconstitutional as applied for
courts even to adjudicate Rule 6(e) requests in the impeachment context. Tr. 87. The
suggestion that courts could not adjudicate Congressional requests for documents](ViewImageLocal?handle=hein.presidents/usgvtwht0324&div=1&collection=&method=preview&ext=.png&size=3)