Opinion: A 'road map' for the coming fight over the Mueller report
Attorney General William P. Barr leaves his home in McLean, Va., on March 22. By Harry Litman Harry Litman Contributing columnist focused on legal issues Bio Follow Contributing columnist March 31 at 1:56 PM Friday’s exchange of letters between Attorney General William P. Barr and House Judiciary Committee Chairman Jerrold Nadler augurs a contentious court battle over Congress’s access to grand jury material incorporated in special counsel Robert S.
None of this will happen, as Nadler surely knows. Most notably, a careful reading of Barr’s two letters strongly suggests that the cooperative veneer is just that. The department likely will redact all grand jury information before turning over the report and likely will rebuff Nadler’s request to work cooperatively to urge the district court to authorize disclosure of grand jury material to his committee.
The coming legal battle will be waged over whether the exceptions in the rule are exclusive. Some courts have determined that the list is not strictly limited in that way, and in particular that district courts have inherent supervisory authority to order release in a case of “special circumstances” in which there is a significant public interest in the material. Plainly, that fits the Mueller report.
Nadler, along with many other proponents of full release to Congress, invoke the Watergate precedent. In that case, the court permitted special prosecutor Leon Jaworski to supply the “road map” bare-bones summary of key evidence to the House Judiciary Committee that became a basis for that body’s impeachment inquiry.
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