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struggle4progress

(118,281 posts)
Tue Feb 26, 2019, 02:11 AM Feb 2019

Ten legal barriers Barr may put around Mueller's report

Charles Tiefer

... I was General Counsel of the House of Representatives, and my bread and butter were Justice Department withholding of Executive Branch documents, including prosecutorial documents ...

... Rule 6(e) means the secrecy of grand jury proceedings, namely, transcripts of sessions when witnesses have been questioned by the Mueller team before a grand jury. Although there is precedent for the House getting this (namely, in Watergate), this is the first and easiest legal barrier for Barr to raise ...

... When Barr wants to stretch his withholding, the natural step is from grand jury “proceedings” to grand jury “materials” ... I fought and won a House case in the 1980s establishing that mere “materials” could not be withheld ...

... As a penumbra of Rule 6(e) proceedings and materials, the Justice Department could claim that anything it from grand jury “leads” is, directly or indirectly, Rule 6(d) ...

... The core includes presidential communications, and, deliberative process materials at sub-presidential levels ... Mueller has pursued the famous conversation when Trump told his family and officials to give out a bogus story ...

https://www.forbes.com/sites/charlestiefer/2019/02/25/ten-basic-legal-barriers-barr-may-put-up-around-muellers-report/#1be8a3bd15b1


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