An appeals court considering whether the House can access special counsel Robert Mueller’s grand jury material wants to hear arguments on whether the House can even sue to obtain the documents.
Judge Neomi Rao . . . questioned whether it would be impermissible for the court to get involved since the dispute was ostensibly related to the House impeachment proceedings.
So according to Rao, if the House is investigating whether Trump has committed high crimes or misdemeanors and seeks documents from the Executive Branch in conjunction with its investigations the White House can deny access to the documents and the House has no recourse. The House then presents its case based on whatever it can cobble together from third parties, which the GOP counters as hearsay and proclaims that the Democrats have failed to prove their case. The GOP then says, by the way, you cannot even investigate a sitting president much less indict him for his crimes. Ergo, he is president for so long as the electorate is dumb enough to keep him in office. But then, Rao clerked for Clarence Thomas.
the other two, besides Rao, are Judith Rogers and Thomas Griffith – both of whom were on the correct side of the request to hear the Mazar’s case en banc.
my guess is that this is just a shiny object meant to keep Rao distracted while the two real judges write their opinion affirming the lower court decision. Rao can supervise her clerks’ rephrasing of the Team Trump brief for her dissent in the ruling, and everyone will be happy.