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IN RE COMMITTEE ON JUDICIARY

No. 19-5288.

951 F.3d 589 (2020)

IN RE: Application of the COMMITTEE ON THE JUDICIARY, U.S. HOUSE OF REPRESENTATIVES, for an Order Authorizing the Release of Certain Grand Jury Materials, Committee on the Judiciary, United States House of Representatives, Appellee v. United States Department of Justice, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 10, 2020.

Attorney(s) appearing for the Case

Mark R. Freeman , Attorney, U.S. Department of Justice, argued the cause for appellant. With him on the briefs were Hashim M. Mooppan , Deputy Assistant Attorney General, and Michael S. Raab and Brad Hinshelwood , Attorneys.

Douglas N. Letter , General Counsel, U.S. House of Representatives, argued the cause for appellee. With him on the brief were Todd B. Tatelman , Deputy General Counsel, Megan Barbero and Josephine Morse , Associate General Counsel, Adam A. Grogg and William E. Havemann , Assistant General Counsel, Jonathan B. Schwartz , Attorney, Annie L. Owens , Mary B. McCord , Washington, DC, and Daniel B. Rice.

Elizabeth B. Wydra , San Francisco, CA, Brianne J. Gorod , and Ashwin P. Phatak were on the brief for amicus curiae Constitutional Accountability Center in support of the Committee on the Judiciary, U.S. House of Representatives.

Dissenting opinion by Circuit Judge Rao.

Article I of the United States Constitution provides that the House of Representatives "shall have the sole Power of Impeachment." U.S. CONST. art. I, § 2, cl. 5. Further, the Senate "shall have the sole Power to try all Impeachments." Id. § 3, cl. 6.

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