Opinion: The full Mueller report could be released — if the House opens impeachment hearings
By Philip Allen Lacovara and Laurence H. Tribe Laurence H. Tribe Bio Follow April 8 at 6:37 PM Philip Allen Lacovara was a counsel to the Watergate special prosecutor. Laurence H. Tribe is a constitutional law professor at Harvard Law School.
In a 2-to-1 decision in McKeever v. Barr, the court reaffirmed the principle of grand jury secrecy and concluded that a court has no “inherent power” to release grand jury information. This decision will give Barr a plausible basis to resist the Judiciary Committee’s subpoena of the entire Mueller report, even if the committee goes to court to enforce it.
In the face of Barr’s decision not to disclose any of the Mueller report to the public or even to the House Judiciary Committee chaired by Rep. Jerrold Nadler until Barr and his team have scrubbed the report of grand jury information , Nadler and committee Democrats have authorized a subpoena for the full report, setting the stage for a court fight over the committee’s right to see grand jury information.
House Judiciary Committee Chairman Jerrold Nadler. One of the exceptions to grand jury secrecy is disclosure “preliminary to or in connection with a judicial proceeding.” To authorize disclosure of the Watergate grand jury information, the special prosecutor’s office argued that the House had authorized its Judiciary Committee to conduct a formal impeachment inquiry and that such an inquiry could be fairly analogized to a “grand jury” investigation and thus a judicial proceeding.
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