ICAP assisted the House Committee on the Judiciary in its high-stakes legal battle to obtain grand jury materials redacted from Special Counsel Robert Mueller’s report. The Committee sought these materials, including grand jury transcripts and exhibits, to aid its impeachment inquiry into President Donald Trump’s efforts to obstruct the Russia investigation. The executive branch argued that Federal Rule of Criminal Procedure 6(e), which governs grand jury secrecy, prohibited disclosure because a congressional impeachment inquiry did not qualify as a “judicial proceeding.”
The litigation produced significant rulings on the scope of congressional oversight. In October 2019, the U.S. District Court for the District of Columbia ruled in favor of the House, a decision later affirmed by the D.C. Circuit in March 2020. However, after the Supreme Court granted certiorari to review the case and the 2020 election occurred, the Department of Justice moved to vacate the lower court rulings as moot. In July 2021, the Supreme Court vacated the judgment and remanded the case with instructions to dismiss, effectively ending the dispute. Despite the final vacatur, ICAP’s work in this case remains a vital blueprint for the House’s authority to penetrate grand jury secrecy when investigating high-level executive misconduct.