House Democrats have more than enough reason to demand the Mueller report be made public. Even Mueller’s team has come out to speak against the Barr “summary”. Despite reports that an unrelated case in an appeals court has set some sort of precedent preventing this from ever happening, House Dems are closer than you think.
Robert Mueller included significant information from his grand jury in his report to ensure that everyone would understand the extent of Trump’s actions. William Barr is trying to argue that even if he has to hand over the report, he will have to redact all of the grand jury information. Ultimately a judge will have to decide if those details should be released. The first step of that court battle will begin next week in front of Federal Judge Beryl Howell.
The U.S. Court of Appeals in Washington DC ruled last week that under Rule 6(e) in the Federal Rules of Criminal Procedure a judge cannot release grand jury materials unless it qualifies for one of several exemptions. Basically, it’s not a black and white answer for what will happen with the Mueller report, so people need to stop pretending it is. If the judge concluded that it qualifies for one of those exemptions, it would be fully released.
Former U.S. Attorney Barb McQuade tweeted that Judge Howell can order the release of the grand jury materials under Footnote 3 of Rule 6(e).
Nah, read footnote 3 — courts may order disclosure of grand jury material to Congress under Rule 6(e). https://t.co/seyZkn9lWd
— Barb McQuade (@BarbMcQuade) April 6, 2019
If that happens Howell could rule the report must be released and if Barr challenges it, House Dems can point back to this ruling to force him into compliance. One way or another that report is going to be made public.