Judge Ambivalent In DOJ, GOP Special Counsel Tapes Fight

House Republicans and the Justice Department clashed in court over access to secret recordings of interviews with former White House counsel

A federal judge expressed uncertainty Wednesday about whether to force the Justice Department to turn over secret recordings of interviews with former White House counsel Don McGahn to the House Judiciary Committee.

The dispute stems from the committee’s investigation of special counsel Robert Mueller’s probe of Russian interference in the 2016 election and whether President Donald Trump obstructed justice.

At a hearing in Washington, U.S. District Judge Ketanji Brown Jackson questioned whether the committee had shown a sufficient need for the recordings, which the Justice Department argues are protected by executive privilege.

Jackson said she was “of two minds” about the case.

The committee has argued that the recordings are essential to its investigation, which it says has been stymied by the Justice Department’s refusal to provide key evidence.

The Justice Department has argued that the recordings are protected by executive privilege, which allows the president to withhold information from Congress.

The department has also said that the recordings are not relevant to the committee’s investigation and that releasing them would harm the executive branch’s ability to conduct confidential interviews in the future.

The committee has subpoenaed the recordings, but the Justice Department has refused to comply.

The committee then filed a lawsuit to force the Justice Department to turn over the recordings.

Jackson said she will issue a ruling on the committee’s request in the coming weeks.

Here are some key points from the hearing:

• The committee has argued that the recordings are essential to its investigation, which it says has been stymied by the Justice Department’s refusal to provide key evidence.
• The Justice Department has argued that the recordings are protected by executive privilege, which allows the president to withhold information from Congress.
• The department has also said that the recordings are not relevant to the committee’s investigation and that releasing them would harm the executive branch’s ability to conduct confidential interviews in the future.
• Jackson said she will issue a ruling on the committee’s request in the coming weeks.