WASHINGTON — House Democrats won access to confidential records from special counsel Robert Mueller’s investigation, a victory over President Donald Trump’s efforts to deny them information.
“It is the district court, not the Executive or the Department, that controls access to the grand jury materials at issue here,” U.S. Circuit Judge Judith Wilson Rogers in Washington wrote for the majority. The panel delayed its ruling for seven days to give the Trump administration an opportunity to seek a so-called en banc rehearing before a larger panel of appeals court judges.
The outcome is in contrast to the same appeals court’s Feb. 28 ruling, which sided with the administration in saying the judiciary could not decide a dispute between the executive and legislative branches. In that 2-1 decision, the court dismissed a congressional lawsuit seeking the testimony of former White House counsel Don McGahn.
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