Mueller’s report to ignite an epic war over disclosure

Bloomberg

When Special Counsel Robert Mueller closes up shop and submits his long-awaited final report — possibly within days — it will be only the start of an explosive chain of events.
There will be a struggle in Congress, on cable TV and social media and probably in the courts over how much must be disclosed from what will begin as a secret report to Attorney General William Barr.
There also will be an epic political fight over whether the findings implicate President Donald Trump in wrongdoing that may even merit his impeachment, as some Democrats say, or clear him after a 21-month investigation that he and other Republicans call a “witch hunt.”

Why It Starts Out Secret
Justice Department regulations call for a special counsel to provide a final report to the attorney general, who decides what to tell Congress and make public.
Barr has indicated he’s likely to send his own summary of the findings to Congress, rather than Mueller’s actual report. And the vetting process is expected to keep some material secret from both Congress and the public, such as classified information and grand jury proceedings.
The only exception under the regulations is that Congress must be told if the special counsel was prohibited from taking any specific action.
Barr might take days or even a week to complete his report, even as pressure mounts for him to provide it as soon as Mueller submits his findings, according to people familiar with the matter.
At Barr’s confirmation hearing in January, he cited the Justice Department’s policies that a president can’t be indicted while in office — and that prosecutors shouldn’t comment on someone who isn’t indicted.
Former FBI Director James Comey’s public comments on Democrat Hillary Clinton’s use of a private email server brought criticism at various points from both Democrats and Republicans even if it arguably set a precedent.
“If you’re not going to indict someone, then you don’t stand up there and unload negative information about the person,” Barr told the Senate Judiciary Committee.
It isn’t clear how many details Mueller will even put in his report, especially about Trump. Regulations require only that a special counsel produce “a confidential report explaining the prosecution or declination decisions reached by the Special Counsel.”
Democrats will demand to see Mueller’s full report if Barr declines to turn it over.
Beyond that, they’ve vowed to seek access as well to the bulk of the special counsel’s work— including documents, interview notes and other evidence.
Senator Dianne Feinstein, the top Democrat on the Senate Judiciary Committee, has said Barr should provide Mueller’s report “unedited” and that Congress also “has a clear interest” in obtaining “supporting materials and all the facts and evidence surrounding the numerous investigations into President Trump, his associates and his campaign.” “We will try to get anything we can get — including by subpoenaing the report. Subpoenaing Mueller is also an option, as well as anyone else on his team,” Democrat Jamie Raskin, a House Judiciary panel member, said. “It just seems exceedingly unlikely that they would be able to hide this report in a file cabinet someplace.”