“There is no reasonable likelihood that this controversy will repeat itself in the future, and it is currently purely speculative whether a new Congress will renew the same dispute and ask the courts to resolve the same legal problem,” argued the department in a 60-page publication Brief submitted by Courtney Dixon, a civil lawyer.
In addition, the Justice Department appears to be examining the prospect of a post-Trump White House – widely recognized by the November 3 election results but largely undetected by the Trump administration – by stating that the next Congress “has no prospect of the future.” Rethink impeachment.
“The committee has repeatedly stressed that it“ particularly ”needs this summons because it“ informs[s] Impeachment, ”wrote the department’s lawyers. “These impeachment proceedings have been completed and there is no prospect of a new impeachment investigation after January 3, 2021.”
The House has consistently argued that it has long deliberated whether to launch an additional impeachment trial against Trump for obstruction of justice, despite not including the alleged crime last year when the House indicted Trump of abuse of power and obstruction of the Congressional investigation – Charges rejected in the Senate. House attorneys as well as judicial committee officials have also made clear that they intend to continue some Trump-era investigation, in part to prevent future examples of what they have described as abuse by the Trump Justice Department.
The division’s argument mainly centers on the fact that the current Congress will be suspended in early January and will be replaced by a new group of lawmakers who may not want to continue investigating previous Congresses.
“It is completely speculative whether the committee’s successor will pursue the same legislative agenda as the current committee, let alone see a subpoena sent to McGahn as necessary to pursue that legislative agenda,” argues the Justice Department.
However, congressional lawsuits routinely spanned many years and multiple electoral cycles, with routine referendums being held at the start of the new congress to renew pending litigation. For example, from 2012 to 2019, Republicans in the House of Representatives fought litigation to secure documents related to an Obama-era gun barrel program known as the Fast and Furious.