Opinion: If Congress wants the unredacted Mueller report, here’s how to get it
By Harry Litman Harry Litman Contributing columnist focused on legal issues Bio Follow Contributing columnist April 16 at 4:11 PM The Justice Department has announced that it will deliver special counsel Robert S. Mueller III’s report to Congress and the public on Thursday morning, but with redactions of grand jury information that will leave innumerable gaps in our understanding of what Mueller uncovered.
It suggested that the House would be entitled to all the materials — unredacted — only if it first launched a formal impeachment inquiry. And because the Democratic leadership seems loath, for political reasons, to take that step, the prospects for proceeding under that exception — the only known avenue for procuring the unredacted report — looked stalemated.
It was only after digesting Starr’s report, and based upon the report, that the House decided to initiate an impeachment proceeding. Indeed, nothing in the independent counsel statute governing Starr’s investigation purported to suspend or override the Federal Rules of Civil Procedure, and it would be a bizarre statutory scheme that did so. To the contrary, the statute gave the independent counsel the exact same powers with respect to the grand jury as the attorney general or, by implication, regular Justice Department prosecutors.
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