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1. I gave the DOJ memo in the Grand Jury 6(e) proceeding before Chief Judge Beryl Howell a quick read including the two principal cases. I think what I would argue back on reply is that the House proceedings are like the grand jury that hands down an indictment for trial.
2. But both the grand jury and the trial are part of a "judicial proceeding" within the 6(e) rule on when material can be disclosed. To say that a trial in the Senate that is presided over by the Chief Justice of the Supreme Court is not a judicial proceeding is a frivolous
3. argument and if it is a trial the impeachment proceedings are the equivalent to the grand jury and therefore within 6(e) as entitled to the material. As an aside, if the material led to an indictment, that would be part of the discovery in the case and 6(e) would not
4. generally apply. It is when an indictment is not handed down that it is withheld under the 6(e) secrecy rule. But in this case, they are playing a game. The material is likely evidence of Trump guilt that, because of the DOJ memo can't be charged. So despite the fact that
5. anyone else would be charged and the material disclosed the, Barr DOJ is saying that they can block the charges and then hide the evidence. I feel confident Chief Judge Howell will rule it disclosed. If CJ Roberts blocks it he should get ready to move to Falls Church when
6. we add another 20 liberal justices in 2021.
