Thread by @MMineiro_CNS

Good morning from Washington where the DC Circuit is set to hear arguments on two cases that could mean new evidence for Dems in the Senate impeachment trial.

Up first, subpoena to fmr WH counsel Don McGahn, then app for the release of secret Mueller docs. @CourthouseNews

@CourthouseNews McGahn takeaways:

>under pressure to answer if more articles of impeachment are coming House attorney said McGahn testimony plays into obstruction of Congress article
>DOJ firmly argued Dems lack standing
>3 judges skeptical that judiciary has no role in the inter branch dispute

@CourthouseNews Judge Griffith asked the most questions on impeachment including how McGahn's testimony is relevant because he left the White House long before the Ukraine scandal broke.

@CourthouseNews But we saw multiple times Judge Henderson shut down the DOJ claim that Congress has other remedies outside the court.

"It takes two," she repeatedly said arguing back that Ds & Rs cannot cooperate so legislative remedies are outside of Dems' ability to enforce the subpoena.

@CourthouseNews While all three judges were clearly frustrated with the DOJ argument that in no situation can the courts referee a political dispute between Congress and the president, as one judge pointed out this case is destined for SCOTUS making today's arguments just a stepping stone.

@CourthouseNews Listening live now from the media room with my colleague @ByTimRyan reporting from the courtroom.

@CourthouseNews @ByTimRyan Judges now on the DOJ appeal of a lower court order granting the House application for the release of special grand jury material from the Mueller investigation.

@CourthouseNews @ByTimRyan Griffith and Rogers still in their seats with third judge on the panel now Trump appointed Neomi Rao, asking a lot of questioning now pushing up against arguments from House attorney Douglas Letter.

@CourthouseNews @ByTimRyan Letter saying the House has yet to publicly release the Watergate road map, ordered turned over to Congress during Nixon's admin, and says House Judiciary committee knows how to protect grand jury material.

@CourthouseNews @ByTimRyan Rao arguing the court has never ordered the release of material like the House is now requesting but Letter claps back that's because the White House has always trusted that Congress can responsibly hold such documents during investigations.

@CourthouseNews @ByTimRyan Letter stating he is in direct communication with Speaker Nancy Pelosi.

"Yes I have discussed this with her, yes I am authorized to say that these are the positions of the House of Representatives."

@CourthouseNews @ByTimRyan DOJ attorney Mark Freeman back at the lectern now to respond to Letter's arguments.

@CourthouseNews @ByTimRyan "But it does not follow that what they say they need they get," Freeman is arguing.

But Rogers is coming back around with the argument that there are minimum requirements during an impeachment investigation.

@CourthouseNews @ByTimRyan "I think what the House has argued here is the same as just need but that is not the case," Freeman said arguing the House must meet the higher standard of a particularized need.

"I didn't hear that, with all due respect," Rogers responds.

@CourthouseNews @ByTimRyan "We are not in the same position we were in a month ago," Freeman argues saying the district court ruling prior to the impeachment vote does mention Ukraine.

Rogers answers back that the House says the grand jury material is still relevant.

@CourthouseNews @ByTimRyan "This situation is somewhat in flux. I get your position that the ship has moved on but it hasn't reached its ultimate destination," Rogers says.

@CourthouseNews @ByTimRyan Court adjourned. Full stories on both arguments coming soon for @CourthouseNews by myself and @ByTimRyan.

@CourthouseNews @ByTimRyan D.C. Circuit far from pleased with DOJ arguments that the court has no role in a subpoena enforcement interbranch battle, with a judge referring to Trump saying “Has there ever been an instance of such broad-scale defiance in the history of the republic?”
courthousenews.com/house-pushed-a…