The House Judiciary Committee is investigating President Donald Trump to determine whether to file articles of impeachment against him, members of the committee said on Friday. Rep. Jerrold Nadler (D-N.Y.) confirmed that the committee’s investigation into whether Trump obstructed justice, lied in his written response to special counsel Robert Mueller’s questions, or broke other laws or constitutional provisions, is now on a path that could ultimately lead to his impeachment ― or not. In a reflection of this new direction, the committee explicitly cited Congress’ impeachment power in a new lawsuit to be filed against the Department of Justice on Saturday to obtain the underlying grand jury evidence presented in Mueller’s investigation. “Because Department of Justice policies will not allow prosecution of a sitting president, the United States House of Representatives is the only institution of the federal government that can now hold President Trump accountable for these actions,” the lawsuit states. Nadler said the filing will state that the House needs to acquire these documents to decide “whether to exercise its full Article I powers,” including recommendations for articles of impeachment. Numerous legal scholars have stated that courts will be more deferential to congressional requests for testimony and documents when Congress makes those requests under its impeachment power.

Chip Somodevilla via Getty Images House Judiciary Committee Chair Jerrold Nadler (D-N.Y.) and other committee members explained how the committee was now invoking its impeachment power in a new court filing.

“Yes, we’re crossing a threshold with this filing,” Rep. Veronica Escobar (D-Texas) said. “And we are now officially entering into an examination of whether or not to recommend the articles of impeachment.” Other committee members who have called for an official impeachment inquiry into Trump confirmed that view. “From my personal point of view, we are in an impeachment inquiry,” Rep. Jamie Raskin (D-Md.) said. “This is an impeachment investigation,” said Rep. Eric Swalwell (D-Calif.). Asked if he agrees that the committee is in an impeachment investigation, Nadler replied, “In effect.” The key difference between a formal impeachment inquiry and what the committee is doing now, according to Nadler, is that the committee is not solely bound to deciding whether to file articles of impeachment, but could opt to move in an entirely different direction. The decision to move closer to impeachment comes after Mueller testified to the House judiciary and intelligence committees on Wednesday. “Mueller’s testimony removed all doubt” that the president broke the law and lied to the American public about it, Nadler said on Friday. This declaration appears to be a way to bridge the divide in the House Democratic Caucus over whether to formally launch an impeachment inquiry. At least 100 House members have backed an impeachment inquiry. That includes at least 15 of the 25 Democrats on the Judiciary Committee. Other Democratic lawmakers have stated they would vote for an impeachment inquiry if it came to that point, but are unwilling to publicly push for it. But Democratic Party leadership, vulnerable incumbents, particularly freshmen, and the party’s moderate factions have opposed such a move. Speaker Nancy Pelosi (D-Calif.) told reporters earlier on Friday that she was “not trying to run out the clock” on impeachment. A decision by the committee to declare that it’s engaged in some form of impeachment process without requiring a floor vote takes some burden off the caucus’ most fearful incumbents.

ASSOCIATED PRESS Special counsel Robert Mueller testified before the House Intelligence Committee and House Judiciary Committee on Wednesday.