Analysis: A federal court decision on Friday shows how Congress can finally get its hands on the special counsel Robert Mueller's work
the Watergate Road Map was released to the House Judiciary Committee pursuant to the judicial proceedings exception, not the court’s inherent authority.
Even more telling, the judicial proceedings exception allowed the final report on the Iran-Contra investigation to reach the public in 1994. Obviously, the court of public opinion is not a “judicial proceeding,” but the D.C. federal appeals court didn’t let that stand in the way of the enormous public interest in the investigation’s findings. The court concluded that its own adjudication of whether to release the report constituted the “judicial proceeding” required by the rule.
Attorney General William Barr should support transparency and join Chairman Nadler in seeking an order from Chief Judge Howell granting Congress access to grand jury material in the Mueller report. But even if Nadler is forced to petition the court without the DOJ’s backing, Howell will have the discretion to craft an order allowing disclosure to Congress with whatever limitations on, or allowance for, further disclosure she deems appropriate.
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