NEWS: DOJ just filed its opening 71-page brief to the US Court of Appeals in the fight with House Democrats over access to the Mueller grand jury materials. Link here: ow.ly/tNje50xpOSB 
DOJ argues Judge Howell's opinion should be overturned for two reasons. First, they say her ruling "rests on the textually flawed and constitutionally problematic premise" that Congress is conducing "judicial proceedings" as understood by federal grand jury rules.
And second, DOJ says Howell failed to consider a well-established test requiring the House to demonstrate a real need for the grand jury materials.
DOJ says Howell "applied an impeachment-specific and toothless version of that standard - so toothless that the court even ordered the disclosure of grand-jury information that the Committee conceded it did not need."
Oral arguments over the merits of DOJ's appeal in the Mueller grand jury case are scheduled for Jan. 3. That's the same day a slightly different three-judge panel hears the case tied to McGahn testifying to the House. ICYMI our @politico coverage on this: politico.com/news/2019/11/2…
@politico DOJ: "It is not difficult to imagine that a witness in a future investigation of alleged presidential misconduct might be deterred from testifying fully or frankly if she believed that her testimony would be readily disclosed to the House for use in impeachment proceedings."
