Opinion: Why this one rationale for not releasing the Mueller report won’t fly
Robert S. Mueller III on Capitol Hill in 2017. By Alex Whiting , Ryan Goodman and Nancy Gertner March 20 at 2:50 PM Alex Whiting is a professor at Harvard Law School and a former federal and international prosecutor. Ryan Goodman is a professor at New York University School of Law and co-editor in chief of Just Security. Nancy Gertner, a retired U.S. District Court judge in Massachusetts, is a lecturer at Harvard Law School.
The policy reflects a basic norm within the Justice Department. Then-FBI director James B. Comey was widely condemned, including by the department’s inspector general, for violating it during the 2016 presidential campaign when he publicly criticized Hillary Clinton’s conduct regarding the use of a private email server while secretary of state, even as Comey announced that the FBI had not found sufficient evidence to recommend criminal charges.
That approach not only protects the interests of a subject or target but also acts as an important constraint on prosecutors. Their job is to investigate crimes and to prosecute them if the evidence is sufficient, not to be roving critics of all “misconduct.”
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