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House Highlights Contradictions Between Justice Department and President's Impeachment Team

Mikhaila Fogel
Tuesday, January 28, 2020, 3:15 PM

Published by The Lawfare Institute
in Cooperation With
Brookings

In its suit to obtain Mueller investigation grand jury materials, the House of Representatives has highlighted what it argues is a contradiction that "cannot be reconciled" between the Justice Department's position on impeachment and that expressed by President Trump's lawyers in his impeachment trial before the Senate. While the department has argued that a Senate impeachment trial is not a "judicial proceeding," the president's attorneys referred to the Senate as a "court" in the impeachment proceedings. The House posited that the Justice Department may wish to withdraw its argument in light of the president's team's stated position. The filing is available here and below.


Mikhaila Fogel was an associate editor at Lawfare and a research analyst at the Brookings Institution. She previously worked as a legislative correspondent for national security and foreign affairs issues in the Office of Sen. Susan Collins. She holds a bachelor’s degree from Harvard College, where she majored in history and literature and minored in government and Arabic.

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