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August 22, 2019 Nadler to Five Chairs

Dear Chairs Schiff, Waters, Cummings, and Engel:
            I am writing to request information, including documents and testimony, depositions, and/or interview transcripts, that you believe may be relevant to the Judiciary Committee’s ongoing impeachment investigation relating to President Trump. 
           As you know, the Judiciary Committee’s authority and intent to conduct an investigation to determine whether to recommend articles of impeachment has been manifested previously through a variety of means and on numerous occasions. These include, among other things, a series of reports and memoranda issued by and to Judiciary Committee Members in connection with Committee proceedings specifying that the Committee is considering “whether to approve articles of impeachment with respect to the President” and a series of legal filings made by the Judiciary Committee seeking “relevant facts” so that the Committee may “consider whether to exercise its full Article I powers, including a constitutional power of utmost gravity–approval of articles of impeachment.
           In this regard, last month the Judiciary Committee filed an application with the U.S. District Court for the District of Columbia seeking an order authorizing the release of certain grand jury materials to the Committee related to Special Council Robert Mueller’s Report On The Investigation Into Russian Interference In The 2016 Presidential Election. In connection with that filing, the Judiciary Committee agreed to share grand jury information that it may obtain with the House Permanent Select Committee on Intelligence. The requests described herein would build on that sharing agreement and would similarly allow for sensitive or confidential information to be received in executive session as needed. This letter also follows up on our three joint letters and the joint statement that we have previously issued seeking access to the full and unredacted report prepared by Special Counsel Mueller, along with supporting materials. 
           This request is consistent with, and follows fro, clause 2(e)(2)(A) of House Rule XI, which provides in pertinent part that “all committee records (including hearings, data, charts, and files) . . . shall be the property of the House, and each Member, Delegate, and the Resident Commissioner shall have access thereto.” I understand that any such sharing of documents and information shall be subject to any requirements and limitations imposed by law, House Rules, and the rules of our respective Committees.
         Finally, I reiterate that this request is separate and apart fro–and in no way limits or alters–each of our Committees’ oversight and investigative authority under the Constitution. As the Supreme Court has repeatedly affirmed, the “scope of [Congress’s] power of inquiry . . . is as penetrating and far-reaching as the potential power to enact and appropriate under the Constitution.” It “has been employed by Congress throughout our history, over the whole range of national interests concerning which Congress might legislate or decide upon due investigation not to legislate.”
         I look forward to our Committees working together on this matter of the highest constitutional importance.
                                                             Jerrold Nadler

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