Trump Impeachment News: DOJ Appeals Order To Turn Over Secret Mueller Evidence To House

The Justice Department on Monday appealed a court order directing it to turn over the unredacted findings of the Mueller report to House Judiciary Committee and asked for a stay until the appeal can be decided.

The report on Russian interference in the 2016 presidential election released by special counsel Robert Mueller during the summer had huge sections blacked out for various investigatory, intelligence and other reasons. The report concluded Russia conducted a concerted effort to influence the election in President Trump’s favor but said collusion between the Trump campaign and Russian actors could not be proved.

In a 75-page opinion ordering the turnover by Wednesday, Chief U.S. District Judge Beryl A. Howell in Washington ruled Congress is exempt from normal grand jury secrecy rules.

Judiciary Committee Chairman Jerry Nadler, D-N.Y., has said the panel needs to review all the evidence to determine whether Trump obstructed justice.

"The White House’s stated policy of non-cooperation with the impeachment inquiry weighs heavily in favor of disclosure," Howell wrote. "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."

In its appeal to the U.S. Circuit Court of Appeals for the District of Columbia, the Justice Department argued it would suffer irreparable harm without a delay.

“Once the information is disclosed, it cannot be recalled, and the confidentiality of the grand jury information will be lost for all time,” it argued.

Elsewhere, a witness who was supposed to give a closed-door deposition to impeachment investigators failed to appear pending the outcome of a court ruling on whether the subpoena commanding his testimony can be enforced.

Charles Kupperman, who served as deputy national security adviser under former national security adviser John Bolton, filed suit Friday seeking clarification on whether he should testify in light of White House directives saying the administration would not cooperate with House Democrats. Kupperman left the administration last month in the wake of Bolton’s resignation.

Democrats have threatened to cite Kupperman with contempt for not appearing. Investigators have said Kupperman, who listened in on the Zelensky call, likely could shed light on internal White House discussions about Ukraine. A phone call Trump made to his Ukraine counterpart during which he asked Volodymyr Zelensky to investigate former Vice President Joe Biden is at the heart of the impeachment inquiry.

“The lawsuit that Dr. Kupperman filed in district court has no basis in law,” said Rep. Adam Schiff, D-Calif., who is leading the impeachment inquiry. “A private citizen cannot sue the Congress to try to avoid coming in when they’re served with a lawful subpoena.”

Trump denied during the weekend that he’s concerned about the impeachment inquiry, calling it a scam and witch hunt and repeated that sentiment Monday during an appearance before the International Association of Chiefs of Police in Chicago.

Meanwhile, Politico reported the White House is getting closer to hiring someone to bolster its impeachment strategy. Former Treasury aide Tony Sayegh reportedly is the leading candidate.