DOJ Disclosures In Hillary Clinton Probe Will Make It Tough To Hide The Mueller Report
The department’s release of information about the former secretary of state’s emails sets a precedent that may complicate arguments for secrecy.
WASHINGTON ― The Justice Department’s recent decision to provide Congress with a wide range of documents surrounding the investigation into Hillary Clinton’s emails will increase pressure on DOJ to be fully transparent about Robert Mueller’s special counsel investigation into President Donald Trump and Russian interference in the 2016 election.
Attorney General William Barr is reviewing Mueller’s confidential full report and is expected to inform Congress about its principal conclusions in the coming days. But Democrats and Republicans want Barr to release the full thing, and the House recently voted unanimously ― 420 to 0 ― for the Justice Department to release Mueller’s full report.
Barr told Congress that concerns over Trump’s privacy could limit the information he makes public. Given Barr’s broad view of executive privilege, he’s also likely to abide by any claims the White House makes that portions of the report should be withheld.
But the Justice Department has recently provided Congress with extensive access to materials about the investigation into Clinton’s use of a private email server while secretary of state. Some of the materials ― such as text messages exchanged between two officials involved in the Clinton investigation as well as the Russia probe ― have provided fodder for Republicans seeking to help Trump undermine the Mueller investigation. The Justice Department’s recent unprecedented disclosures have included Clinton investigation 302s (records of FBI interviews) as well as Foreign Intelligence Surveillance Court orders connected to the Russia investigation.
Ron Weich, a former Justice Department congressional liaison who is now dean of the University of Baltimore’s law school, said that he thinks the full report will ultimately end up in congressional hands.
“There are plenty of precedents where the public interest outweighs the concerns,” Weich told HuffPost. “In this case, the public interest is overwhelming.”
That will especially be true if Mueller’s report suggests that Trump committed conduct that would have led to his indictment if not for the Justice Department’s restrictions on charging a sitting president.
There are plenty of precedents where the public interest outweighs the concerns. In this case, the public interest is overwhelming.Ron Weich, former Justice Department congressional liaison
“If it’s that momentous ― if it’s ‘we believe the president engaged in conduct that would have led to criminal charges where he, not the president’ ― obviously that has to go to Congress,” Weich said. “The only reason he can’t be indicted is because the remedy is, in Congress, impeachment. That’s the basis for the department policy that he can’t be indicted, that’s there’s another remedy in the Constitution.”
Former Attorney General Eric Holder agrees. “If the Mueller Report contains evidence about impeachable conduct/offenses that, at a minimum, must be shared with Congress,” he tweeted Friday. “It would be irresponsible for DOJ to hold on to this kind of information - for any reason. No privilege claim would be valid.”
Weich pointed to a few additional examples of cases in which DOJ provided material about cases that didn’t result in an indictment: The Justice Department provided extensive information about the decision not to indict the officer who shot Michael Brown in Ferguson, Missouri; the investigation into “enhanced interrogation” by the CIA; and the investigation of former IRS official Lois Lerner.
Beyond just seeing Mueller’s final report, Democrats are eager to obtain the raw investigative material that the special counsel compiled. A statement from the chairs of six House committees ― Judiciary, Oversight, Intelligence, Financial Services, Ways and Means, and Foreign Affairs ― asked for Mueller to turn over everything he’s got.
“Consistent with the Justice Department’s past practice and to ensure Congress can discharge its constitutional responsibilities, we also expect the underlying evidence uncovered during the course of the Special Counsel’s investigation will be turned over to the relevant Committees of Congress upon request,” the six officials said in a statement.
WASHINGTON ― The Justice Department’s recent decision to provide Congress with a wide range of documents surrounding the investigation into Hillary Clinton’s emails will increase pressure on DOJ to be fully transparent about Robert Mueller’s special counsel investigation into President Donald Trump and Russian interference in the 2016 election.
Attorney General William Barr is reviewing Mueller’s confidential full report and is expected to inform Congress about its principal conclusions in the coming days. But Democrats and Republicans want Barr to release the full thing, and the House recently voted unanimously ― 420 to 0 ― for the Justice Department to release Mueller’s full report.
Barr told Congress that concerns over Trump’s privacy could limit the information he makes public. Given Barr’s broad view of executive privilege, he’s also likely to abide by any claims the White House makes that portions of the report should be withheld.
But the Justice Department has recently provided Congress with extensive access to materials about the investigation into Clinton’s use of a private email server while secretary of state. Some of the materials ― such as text messages exchanged between two officials involved in the Clinton investigation as well as the Russia probe ― have provided fodder for Republicans seeking to help Trump undermine the Mueller investigation. The Justice Department’s recent unprecedented disclosures have included Clinton investigation 302s (records of FBI interviews) as well as Foreign Intelligence Surveillance Court orders connected to the Russia investigation.
Ron Weich, a former Justice Department congressional liaison who is now dean of the University of Baltimore’s law school, said that he thinks the full report will ultimately end up in congressional hands.
“There are plenty of precedents where the public interest outweighs the concerns,” Weich told HuffPost. “In this case, the public interest is overwhelming.”
That will especially be true if Mueller’s report suggests that Trump committed conduct that would have led to his indictment if not for the Justice Department’s restrictions on charging a sitting president.
There are plenty of precedents where the public interest outweighs the concerns. In this case, the public interest is overwhelming.Ron Weich, former Justice Department congressional liaison
“If it’s that momentous ― if it’s ‘we believe the president engaged in conduct that would have led to criminal charges where he, not the president’ ― obviously that has to go to Congress,” Weich said. “The only reason he can’t be indicted is because the remedy is, in Congress, impeachment. That’s the basis for the department policy that he can’t be indicted, that’s there’s another remedy in the Constitution.”
Former Attorney General Eric Holder agrees. “If the Mueller Report contains evidence about impeachable conduct/offenses that, at a minimum, must be shared with Congress,” he tweeted Friday. “It would be irresponsible for DOJ to hold on to this kind of information - for any reason. No privilege claim would be valid.”
Weich pointed to a few additional examples of cases in which DOJ provided material about cases that didn’t result in an indictment: The Justice Department provided extensive information about the decision not to indict the officer who shot Michael Brown in Ferguson, Missouri; the investigation into “enhanced interrogation” by the CIA; and the investigation of former IRS official Lois Lerner.
Beyond just seeing Mueller’s final report, Democrats are eager to obtain the raw investigative material that the special counsel compiled. A statement from the chairs of six House committees ― Judiciary, Oversight, Intelligence, Financial Services, Ways and Means, and Foreign Affairs ― asked for Mueller to turn over everything he’s got.
“Consistent with the Justice Department’s past practice and to ensure Congress can discharge its constitutional responsibilities, we also expect the underlying evidence uncovered during the course of the Special Counsel’s investigation will be turned over to the relevant Committees of Congress upon request,” the six officials said in a statement.
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Giuliani To Hillary Clinton: You're A Criminal, I Don't Know Why The DOJ Is Not Investigating You
You know, I -- 've got to now talk about something that I never thought I'd talk about -- this is going to be a long-winded lead up to a question. I've been pointing out in this program, 18 USC 793, mishandling classified information, the Espionage Act, destroying it. By the way, it would apply to a lot of people.
I've talked about if I was subpoenaed, from all my emails, and I deleted 33,000, and then I acid washed my hard drive, nobody heard of Bleach Bit until Hillary Clinton, and Bleach Bit, and then had an aide bust up all my devices, like she had happened -- I never heard of an exoneration being written in May before you interview 17 key witnesses in the main person, Hillary Clinton, in July, the person that does the interview hates the opponent of Hillary Clinton. Then they exonerate her for I believe obvious felonies.
RUDY GIULIANI: Right.
I've talked about if I was subpoenaed, from all my emails, and I deleted 33,000, and then I acid washed my hard drive, nobody heard of Bleach Bit until Hillary Clinton, and Bleach Bit, and then had an aide bust up all my devices, like she had happened -- I never heard of an exoneration being written in May before you interview 17 key witnesses in the main person, Hillary Clinton, in July, the person that does the interview hates the opponent of Hillary Clinton. Then they exonerate her for I believe obvious felonies.
RUDY GIULIANI: Right.
HANNITY: Then they talk about Russia collusion, Hillary Clinton and the DNC funneled money through a law firm, Perkins Coie, and unbelievable to me, a foreign national who heard wasn't supposed to be involved in our elections, Christopher Steele, gets Russian sources.
The FBI never verifies it, they presented to a FISA court to spy on American citizens, a Trump campaign associate weeks before an election.
They never verified, they never corroborated, and they never told those judge in the original application, three subsequent applications that Hillary paid for it and they never verified it. Mr. Mayor, were lost broken? Let's start with Hillary. Did she--
(CROSSTALK)
GIULIANI: Yes. I've been on, look, we go back three years with this, Sean when I produce my chart.
HANNITY: I remember.
GIULIANI: Thirteen crimes she committed.
HANNITY: Yes.
GIULIANI: Then we got up to about 18. I'm sorry, Hillary, I know you're very disappointed you didn't win. But you're a criminal. Equal justice would mean you should go to jail. I do not know why the Justice Department is not investigating here.
HANNITY: The James Comey?
(CROSSTALK)
GIULIANI: James Comey fixed the whole case.
HANNITY: It was rigged.
GIULIANI: Well, you can't read that stupid report that he wrote which is the beginning of his destruction in which he said we're not going to prosecute -- no reasonable prosecutor would indict her. No honest reasonable prosecutor would indict her.
HANNITY: He said today or yesterday, Comey, he said, Hillary deeply respects the rule of law, Comey said that.
GIULIANI: Wow. This is a very perverted man. I feel so sorry.
HANNITY: Do we have a two-tier justice system in America?
GIULIANI: Yes, we have one for Hillary and all of those Democrats, Bill Clinton.
HANNITY: Is equal justice under the law at risk?
GIULIANI: You and I have talked about this, I am very afraid, not just for our president, but for our country, there's going to be a witch hunt against Republicans. You had a man on who's lost all his money, for what reason, he didn't do anything wrong.
The president of the United States didn't do anything wrong. We are lucky that we have a president who can focus, in a way it almost hurts him because they feel they can do anything to him and he's going to remain focused on North Korea, Iran, what do we with China, how do we help Israel, what do we do about taxes?
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