LogFAQs > #929353731

The Trump administration, however, is arguing that Judge Howell might have misread or misinterpreted the precedent cited by the higher courtthe same court that DOJ is appealing to now.

At a minimum, the D.C. Circuit should be permitted to determine the scope and effect of its own decision, the filing pleads, and to determine whether, as this Court concluded, [the case law cited by Howell] compels the conclusion that an impeachment trial is a judicial proceeding.

Attorney, CNN legal analyst and impeachment expert Ross Garber was optimistic about the DOJs chances to have the Howell order reversed.

DOJ appeals court order on disclosure of grand jury info, Garber tweeted. As Ive said, I think theres a good chance this decision gets reversed on appeal or by Supreme Court. Depends on whether a Senate impeachment trial is a judicial proceeding under the Federal Rules of Criminal Procedure.