The Volokh Conspiracy

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Supreme Court

SCOTUS Postpones Argument Over Mueller Grand Jury Materials

This is one of several cases that could become moot within weeks.


Last week, the House of Representatives asked the Supreme Court to reschedule oral arguments in Department of Justice v. House Committee on the Judiciary. The Department of Justice did not object and, on Friday, the Court granted the request.

The case, which concerns the House Judiciary Committee's efforts to obtain grand jury materials from the Mueller special counsel investigation, was originally scheduled for argument on December 2. The House motion asked to postpone argument in the case, as it's not clear there will be even be a case left to decide by January. In all likelihood, there would be a new Congress and new President before any decision could issue. Among other things, a new administration may be willing to release the materials or a new House Judiciary Committee may drop its request.

The underlying issue—whether an impeachment trial is a "judicial proceeding" under the Federal Rules of Criminal Procedure—is an interesting one, but also one that is not likely to recur any time soon (or so we can hope). Therefore it will not be a big deal if the Court ultimately decides to let this case go.