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Trump Asserts Executive Privilege Over Unredacted Mueller Report

Trump Asserts Executive Privilege Over Unredacted Mueller Report

DOJ: Barr “could not comply with” the subpoena “in its current form without violating the law, court rules, and court orders…”

President Donald Trump asserted executive privilege over the unredacted report from Special Counsel Robert Mueller.

The move came after the House Judiciary Committee voted along party lines to hold Attorney General William Barr in contempt “for failing to comply with a subpoena for the full report and its underlying materials.”

White House Statement

In a statement tweeted by Press Secretary Sarah Huckabee Sanders, the White House stated that Americans “see through Chairman [Jerry] Nadler’s desperate ploy to distract from the President’s historically successful agenda and our booming economy.”

The White House noted that Barr “has been transparent and accommodating throughout this process, including by releasing the no-collusion, no-conspiracy, no-obstruction Mueller Report to the public and offering to testify before the Committee.”

The statement goes on to say that Americans “deserve a Congress that is focused on solving real problems.”

Actually, I don’t mind the Democrats going after Trump. They won’t get anywhere and it keeps them from legislating more big and bloated government over us!

DOJ Notifies Nadler

Assistant Attorney General Stephen Boyd sent a letter to Nadler informing him of the executive privilege.

Boyd pointed out that Barr “could not comply with” the subpoena sent by Nadler “in its current form without violating the law, court rules, and court orders, and without threatening the independence of the Department of Justice’s prosecutorial functions.”

Like the White House, Boyd reminded Nadler that Barr and the DOJ have accommodated the committee and Congress as much as they could. But instead of working with them, Nadler “scheduled an unnecessary contempt vote, which” he “refused to postpone to allow additional time for compromise.”

Why the Redactions?

You know what I find precious? The hypocrisy. Democrats insisted failed Democrat presidential candidate Hillary Clinton needed redactions for the sake of national security. Republicans complained. Now it’s flip-flopped.

Barr said before he released the report that it has four types of redactions:

  • Grand jury information
  • Classified information
  • Information related to ongoing investigations
  • Information that would infringe on the privacy of “peripheral third parties.”

In April, Barr testified in front of the House Appropriations Committee that a court ruling forced Barr’s hand to redact grand jury information. Andrew McCarthy detailed the case at Fox News:

I flagged this case, now called McKeever v. Barr (formerly McKeever v. Sessions), last week. It did not arise out of the Mueller investigation, but it obviously has significant ramifications for the Mueller report — in particular, how much of it we will get to see.

At issue was this question: Does a federal court have the authority to order disclosure of grand jury materials if the judge decides that the interests of justice warrant doing so; or is the judge limited to the exceptions to grand jury secrecy that are spelled out in Rule 6(e) of the Federal Rules of Criminal Procedure?

The D.C. Circuit’s McKeever ruling holds that the text of Rule 6(e) controls. Consequently, judges have no authority to authorize disclosure outside the rule.

“Rule 6(e) does not contain an exception to secrecy that would permit disclosure to Congress,” so Congress may demand an unredacted version, but this ruling means they have no entitlements to it.

The team started to review of the “FISA process as it relates to the Trump/Russia investigation.” Michael Tracy reminded everyone that officials used the Christopher Dossier to obtain a warrant on Carter Page.

Barr stated the team will finish this review in May or June.

Robert Ray, the man “who succeeded Ken Starr as head of the independent counsel investigation into former President Bill Clinton in the late 1990s,” told PBS that the redactions for ongoing cases could come out in the future once those investigations close.

The DOJ also has a long-standing “precedent to not release damaging information about uncharged individuals because they cannot defend themselves in court.” Ray said that the DOJ “speaks through indictment. If it decides not to charge something, it says nothing.”

Barr did not apply redactions to the report for fun or protection. The Democrats forget that Mueller’s team helped with redactions. In other words, Mueller and his team did not fight the redactions. They knew it had to happen for legitimate reasons.

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Comments

This is to keep the Congress from holding Barr in comtempt. Barr can now say the President will not allow him to send the report.

    mailman in reply to MattMusson. | May 8, 2019 at 11:41 am

    This is much more important than this. This has stopped Congress from passing laws that WILL damage America. So well don’t Trump! 🙂

    Edward in reply to MattMusson. | May 8, 2019 at 12:17 pm

    Rule 6(e)and the Court decision are far more important if it should come to a court making a determination on the subpoena. It is likely that an Obama Judge would find for The Waddler, but it is unlikely a Judge in the same District which issued the opinion would cross another Judge in the District and hold the prior rule and decision invalid.

    I’m somewhat surprised that a court challenge to the Subpoena hasn’t been filed, it would likely be a clear winner. Wonder if the failure to file a challenge is a way of suckering the Socialist-Democrats to even more over-reach.

This is a hill to die on.

This is a mean spirited, unnecessary and unproductive abuse of power.

What’s the weather like in Washington, DC this time of year?

legalbeagle | May 8, 2019 at 12:01 pm

Today’s Democrat is in a constant state of faux High Dudgeon. Only the most hard shell Democrats can take Nadler, Cohen and Schiff seriously.

Yawn.

The house is led by a radical group of commies. If they had their way, they would put all opponents to death, and enslave the remainder.

It’s best to tell them to stick everything where the sun don’t shine.

Connivin Caniff | May 8, 2019 at 12:21 pm

This is beginning to frighten me. The D’Rats are in the full depths of the DT’s (the delirium trumpens, colloquially “the Donalds”). If you have any friends or relatives showing acute symptoms thereof, please do not attempt to reason with them, but be sure to keep them away from weapons and black masks.

OK. I’m confused. Why would Trump assert Executive Privilege, when the redactions of the Mueller Report are common sense and accepted in case law? Why the drama?

    Because Nadler is asserting that since privilege wasn’t used on the report, Nadler should get everything underlying the report as well. As a result, the Attorney General is playing hardball, and not just asserting the privilege for the underlying documents but for the report itself. He wants his President to back him up.

    Oddly, though, Nancy Pelosi was asserting last week if Barr was going to “allow” Mueller to testify. I don’t remember hearing one word from Barr about having the slightest problem with Mueller testifying. Somehow the Democrats seem highly reluctant to have Mueller testify without victories on every other front.

Any chance that Nadler cna be charged with Objection since he may put pending cases in jeopardy.

    Speech & Debate Clause. So no, he has immunity. He’s asserting what he believes to be legitimate congressional powers, something that can be fought in a courtroom but isn’t subject to criminal charges.

      MarkSmith in reply to JBourque. | May 8, 2019 at 4:39 pm

      Auto correct got me. Obstruction.

      But would obstruction of a criminal case be a felony.

      …shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their attendance at the Session of their Respective Houses, and in going to and from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

      18 U.S. Code § 1505. Obstruction of proceedings before departments, agencies, and committees

      Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil Process Act, willfully withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand; or attempts to do so or solicits another to do so; or

      Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress—

      Shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both.

        Still not a chance. A) He’s got the magic (D) after his name, and B) every single Representative and Senator will rally to his defense. To be arrested and thrown into jail, he’d have to do something so extraordinary, so over-the-top, that the mind boggles. And he’d have to change parties.

        Doesn’t change what I said at all. If it’s through congressional powers, it cannot be “corruptly”, however reckless it might be. Attempting to exceed congressional power is not a crime. It cannot be a crime, because it is done using their Constitution-granted powers which, and this is the important part, are superior to the obstruction of justice statute. It is a mere law; it cannot override the Constitution.

        That said, the right and proper result is to have their legal and metaphorical teeth kicked in within a courtroom. Barr seems the right man for the job.

        Milhouse in reply to MarkSmith. | May 9, 2019 at 9:48 am

        But would obstruction of a criminal case be a felony.

        …shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their attendance at the Session of their Respective Houses, and in going to and from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

        It doesn’t matter if it’s a felony. A member of congress can commit treason on the floor of the House and be completely immune. You quoted it yourself: and for any Speech or Debate in either House, they shall not be questioned in any other Place. No exceptions.

bobinreverse | May 8, 2019 at 12:42 pm

Naldlers people are just about all minorities including him and col sanders Cohen and dimwit republican all white boys And girls.
Trump has finally brought to head what has been obvious forever that there is no middle griound but cannot be said cause it be Ray Cis.

Just saying. – get real peoole.

So Barr is in contempt of Congress–just like 80% of the rest of the country.

buckeyeminuteman | May 8, 2019 at 4:36 pm

The Appropriations Committee? Sure would be nice if they would create appropriations bills and ensure we have a budget by 30 Sep as opposed to heading the charge on this witchhunt.

The Republicans wanted to put AG Holder in jail because he broke the law.
The Democrats want to put AG Barr in jail because he refuses to break the law.

I like our guys better.

smalltownoklahoman | May 8, 2019 at 6:10 pm

This: Information that would infringe on the privacy of “peripheral third parties.”

And this: The DOJ also has a long-standing “precedent to not release damaging information about uncharged individuals because they cannot defend themselves in court.” Ray said that the DOJ “speaks through indictment. If it decides not to charge something, it says nothing.”

These represent one of my big worries about why they want that redacted information so badly. I’m worried they would take this information and use it to persecute even more people, ruin more lives, all in an effort to destroy Trump and his administration. That they are trying to pressure the current AG into giving them this information in violation of established law speaks volumes about just unhinged they have become in this effort!

Let them subpoena Mueller. Or ask him in. Either way he must be put under oath.

Let’s see if the truth can be pried out of his smarmy hands.

smalltownoklahoman: And this: The DOJ also has a long-standing “precedent to not release damaging information about uncharged individuals because they cannot defend themselves in court.” Ray said that the DOJ “speaks through indictment. If it decides not to charge something, it says nothing.”

Special Counsel Mueller did not make the report public. That would be Attorney General Barr.

According to Department of Justice guidelines, the president can’t be indicted while in office. By your reading, the president can commit crimes and the Department of Justice would have to hide the evidence from Congress. That is clearly not the intent of the law or the constitution. The Congress has oversight, up to and including impeachment. As such, they have the power and responsibility to review any evidence that might implicate the president.

Mary Chastain: Barr said before he released the report that it has four types of redactions:

Grand jury information
Classified information
Information related to ongoing investigations
Information that would infringe on the privacy of “peripheral third parties.”

Only Rule 6(e) information is protected from a Congressional subpoena. Classified information has to be made available to select members of the Congressional committee for review.

    Barry in reply to Zachriel. | May 9, 2019 at 11:04 am

    And Comrade Zach shows up to spread bullshit and lies. Imagine the horror of making your living by posting bullshit on websites.

    “Classified information has to be made available to select members of the Congressional committee for review.”

    It was you ignorant baboon. The commies chose not to review it as it would make it more difficult for them to fool the idiots.

Is mueller keeping nuts for the winter? What’s with this guy’s cheeks?

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