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1 1 (October 22, 2020)

handle is hein.crs/govdcjj0001 and id is 1 raw text is: ~* Conr~q ess Researh $evice UPDATE: Grand Jury Secrecy and Impeachment: Implications of D.C. Circuit Ruling on the Special Counsel's Report Updated October 22, 2020 Update: After this Sidebar was originally published in March 2020, the Supreme Court agreed to review the D.C. Circuit's decision, granting certiorari on the question ofwhether a Senate impeachment trial is a 'judicial proceeding under the relevant exception to grand jury secrecy in Rule 6(e) of the Federal Rules of Criminal Procedure. In its High Court briefing, the Department of Justice (DOJ) reiterates its argument that a judicial proceeding is limited to a proceeding before a judge in a court. DOJfurther asserts that interpreting Rule 6(e) to apply to legislative proceedings would create constitutional problems by improperly involving the judiciary in oversight of Congress and impeachment. The Committee, in response, maintains that an impeachment trial is and has always been understood as judicial and avers that DOJ's position would create constitutional issues of its own by impeding Congress's impeachment power. The Committee also argues, in the alternative, that federal courts have inherent authority to authorize disclosure ofgrandjury information and that the district court in this case justifiably authorized disclosure pursuant to that authority. Oral argument in the case is currently scheduled for December 2, 2020. The original postfrom March 20, 2020, is below. Following the conclusion of Special Counsel Robert S. Mueller III's investigation of Russian interference in the 2016 election and related matters, the Attorney General released a public version of the Special Counsel's report concerning the investigation, with redactions. Many of the redactions related to matters occurring before the grand jury that had been convened in the investigation, as Rule 6(c) of the Federal Rules of Criminal Procedure (Rule 6(e)) provides for the secrecy of grand jury proceedings unless an exception applies. Certain Members of Congress were offered the opportunity to review a less redacted version of the report, but the Attorney Generalhas maintained that Rule 6(e) prohibited the disclosure of grand jury information even to Congress. Congressional Research Service https://crsreports.congress.gov LSB10426 CRS Legal Siebar Prepared for Menbersand Commi ----es o Cong rss-----------------------------------

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