Court Ruling Implies That Barr Must Redact Grand-Jury Info from Mueller Report

Court Ruling Implies That Barr Must Redact Grand-Jury Info from Mueller Report

In disclosing the Mueller report, Attorney General William P. Barr will have to redact grand-jury information. That is the upshot of the ruling today by a divided panel of the U.S. Court of Appeals for the D.C. Circuit.

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.

This is significant for the Mueller report because Rule 6(e) does not contain an exception to secrecy that would permit disclosure to Congress.

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Democrats who think they are above the law are going to be pissed when they find out they aren't. As has been said a few times now Congress and their rush to see the Mueller report, including their threats of a subpoena, are effectively dead. In section 6 for Grand Jury rules there is no exceptions, except those specifically spelled out, that allow for GJ testimony to be released and that includes Congress.

The ruling came from a case that dealt with an FBI/CIA lawyer back in the 50's who assisted in the murder of a person by the Dominican Republic dictator. The researcher filed a motion to see the GJ testimony in 2013 for his research. The court just ruled that the exceptions spelled out in rule 6 are the only exceptions the courts are allowed to consider during these requests.

Since rule 6 makes no exceptions for Congress, GJ testimony cannot be released to Congress, even if subpoenaed since it would violate the law.

Translation - the ruling in that case will affect the efforts of Democrats to get the entire Mueller report unredacted.

Part of me wonders if this is why Democrats were demanding to loudly to report be released to them immediately. They knew this ruling was coming down the pipeline and wanted the report before they lose their argument to see the material.

In laymen terms the court ruling says judges cannot make rulings based on their interpretations. They are solely restricted to using what the law lays out as exceptions. Secondly this ruling came out of the DC circuit, which directly affects cases out of DC, like Muellers.

a reply to: Xcathdra

Does this mean that the Mueller report cannot include any information/evidence which was presented to the Grand Jury?

Or does this mean that the Mueller report cannot include the fact that a Grand Jury was convened at all?

Or something else entirely?

Sorry if this is a stupid question...

a reply to: Xcathdra

The Dems have lost it imo. This crap has got to end. All it does is divide a nation when we should be standing together. American politics has now become a reality show. In the past I would say Trumo loves this but now I think otherwise. He has his agenda and being POTUS was not part of his plan.
Something is afoot here. I don’t know what his plan is but I will sit and watch.
Also just a prediction here Barr will be ousted soon. I expect a replacement very soon.

originally posted by: Xcathdra
Part of me wonders if this is why Democrats were demanding to loudly to report be released to them immediately.

It's called grandstanding, everyone in DC does it since their gullible dupes back home actually fall for this crap.

a reply to: Xcathdra

And precisely, what kind of information do you think they'll have to redact?

Asking because I really wanted to see the full report with names and possible incoming indictments. I mean, there must be the names of the perpetrators of the biggest political hoax ever made, amirite?

Did anyone really expect to see the entire report? By the time grifters like Barr get done with it it'll be more blacked out than Kavanaugh on a school night.

originally posted by: AugustusMasonicus

originally posted by: Xcathdra
Part of me wonders if this is why Democrats were demanding to loudly to report be released to them immediately.

It's called grandstanding, everyone in DC does it since their gullible dupes back home actually fall for this crap.

Agree with this 100%. They were so embarrassed by the outcome of the report, they're going to try and convince people that ANY redactions are proof that Trump crimes are being concealed. It's the only way they can try and save face out of this whole disgrace.

originally posted by: underwerks
Did anyone really expect to see the entire report? By the time grifters like Barr get done with it it'll be more blacked out than Kavanaugh on a school night.

Well considering you'll already hanged these people in your mind, there isn't really a point for you to read anything Mueller related.

a reply to: Arnie123

These people regularly feign notions of empiricism.

However, they regularly show that evidence is immaterial to them.

a reply to: Boadicea

The report can include everything. However Grand Jury info is secret and there are a few exceptions that allow some of it to be released. If nothing qualifies as an exception those sections of the report cant be released IE a lot of black covering all GJ info.

So the special counsel and the AG get to see everything (along with the SC team for their investigations).

originally posted by: vinifalou
a reply to: Xcathdra

And precisely, what kind of information do you think they'll have to redact?

Asking because I really wanted to see the full report with names and possible incoming indictments. I mean, there must be the names of the perpetrators of the biggest political hoax ever made, amirite?

Any information that contains sources and methods and only after the respective agencies review the info(national security laws)
.
Any and all GJ material is also blocked from being released (Grand Jury privacy laws).

The interesting part about your comment at the end regarding wanting to see the info is DOJ policy is to not release any material publicly that deals with investigations of individuals whop were not charged with a crime.

originally posted by: underwerks
Did anyone really expect to see the entire report?

Democrats... For some strange reason Congressional Democrats think they can do anything they want, including violating federal law, which is exactly what they are trying to do.

Its up there with House Dems trying to obtain Trumps tax info by using an obscure section of IRS law that has absolutely no legal basis / application to how its trying to be used.

As for the rest of your comment explain why Democrats wanted to protect Mueller by law and now that the report doesnt give Dems what they want you guys turn on him?

originally posted by: Arnie123

originally posted by: underwerks
Did anyone really expect to see the entire report? By the time grifters like Barr get done with it it'll be more blacked out than Kavanaugh on a school night.

Well considering you'll already hanged these people in your mind, there isn't really a point for you to read anything Mueller related.

According to Adam Schiff and Eric Swalwell they have proof of collusion but are refusing to show it. I honestly dont understand how people can support those Democrats when facts that dont support their claims are outright ignored by them.

The TDS on the left has reached a new high.

originally posted by: underwerks
Did anyone really expect to see the entire report? By the time grifters like Barr get done with it it'll be more blacked out than Kavanaugh on a school night.

Now that was funny.

To answer you, no I didn't expect to see the whole thing just like the Clinton stuff. The same people that back then were screaming for everything on Clinton and claiming any redaction was a coverup are now oh so understanding about how this will be redacted. Hypocrites to the left and hypocrites to the right as well as a few other names I will pass on mentioning.

originally posted by: Xcathdra

originally posted by: underwerks
Did anyone really expect to see the entire report?

Democrats... For some strange reason Congressional Democrats think they can do anything they want, including violating federal law, which is exactly what they are trying to do.

Its up there with House Dems trying to obtain Trumps tax info by using an obscure section of IRS law that has absolutely no legal basis / application to how its trying to be used.

As for the rest of your comment explain why Democrats wanted to protect Mueller by law and now that the report doesnt give Dems what they want you guys turn on him?

To be fair, during the age of *OBAMA*, they WERE DOING WHAT THEY WANT.

The difference here is we have a POTUS with back bone and the age of social media, the spotlight is on.

a reply to: Xcathdra

Democrats are willing to and want to erase all of our freedoms and protections for a possible gotcha moment on Trump.

a reply to: Grimpachi

Yep, the Right wanted it all and the Left demanded redactions, now it's the opposite. The Us vs Them game is how they win and we lose.

a reply to: Xcathdra

This isn't new. Mueller already supplied them with summaries that protected everybody.

a reply to: Boadicea

It means he cant reveal any testimony given to the grand jury. It is always protected.