US President Donald Trump listens during a meeting in Washington, DC, the United States, on Monday, June 15, 2020.
Doug Mills | NYTimes | Getty Images
Democrats told the Supreme Court on Tuesday that they could suspend their battle over mysterious grand jury material created in connection with President Donald Trump's 2016 campaign investigation by former special adviser Robert Mueller.
Attorneys for the Judiciary Committee of the House of Representatives said in a file with the judges that after the inauguration of President-elect Joe Biden and the inauguration of a new Congress, the congressional body will have to reconsider whether they will still keep the recordings.
They asked the court to cancel the December 2nd cases. The arguments could take place at a later date.
The request comes after Biden's victory over Trump in this month's presidential election.
The committee had justified its request for the normally closely guarded materials of the grand jury that the recordings could help an investigation into whether the President should be tried a second time.
The law provides for grand jury materials to be released for "trial" and the legal issue in this case was whether an impeachment investigation was qualified. But if Trump leaves office, that question may no longer be relevant.
"The committee's investigation into President Trump's wrongdoing, the monitoring of agency activities during the Trump administration and the review of related legislative reforms are ongoing," wrote Douglas Letter, General Counsel of the House of Representatives.
"But a new Congress will be called in the first week of January 2021, and President-elect Biden will be inaugurated on January 20, 2021," he added. "As soon as these events occur, the newly formed committee will have to decide whether to pursue the application for the grand jury materials that led to this case."
Two lower courts, including the US Court of Appeals for the DC Circuit, sided with the Democrat-run congressional committee and ordered the Justice Department to hand over the materials.
However, the Supreme Court temporarily blocked the broadcast of the materials in May and approved the ruling on the case in July to ensure the committee would not have access to the recordings before the election.
Trump didn't allow the race NBC News and other media outlets called for Biden on Nov. 7. Biden is expected to gain 306 votes for the electoral college, compared to Trump's 232.
A file filed by the Justice Department on November 13 did not confirm the election results. The DOJ did not immediately respond to a request for comment on Tuesday.