Barr's Presser and Release of Mueller Report
Posted on Thu Apr 18, 2019 at 07:16:00 AM EST
Tags: Mueller Report (all tags)
It's tempting to get excited about today's release of the Mueller report. Personally, I expect so many redactions, edits and topic deletions, I'm not excited at all.
The showrunner, Attorney General William Barr, will hold a press conference at 9:30 a.m. ET. Once the report is released, you can most likely find it on the Special Counsel's website
Yesterday, prosecutors from the U.S. Attorney's Office in the District of Columbia and Mueller's office laid out the plan for releasing the Mueller report in a filing in Roger Stone's criminal case (available here). They say there will be a separate version with fewer redactions for "some members of Congress" that will be made available at a secure location. [More...]
The reason given is to protect Roger Stone's right to a fair trial. [How considerate of them.] Why in Stone's case? He is currently the only Mueller-indicted defendant still facing trial.
But the end of Mueller's investigation and the release of the Mueller report may not be the end of legal jeopardy for Donald Trump and his associates. How do we know this? Because Mueller's prosecutors have been busily swapping places with AUSAs from the District of Columbia in Russia- related cases and they say so.
Over the last week, Mueller's prosecutors have withdrawn from several cases involving the Russia investigation, including Roger Stone's case, the allegedly associated election hacking case involving Russian nationals (U.S. v. Netyksho, 18-cr-215), and several cases brought by media groups seeking access to search warrants and other sealed documents in Mueller-related cases.
In their place, federal proseuctors Jonathan Kravis and Michael Marando (AUSAs in the District of Columbia) have been busy little beavers filing motions opposing release of sealed Mueller warrants and affidavits and other court sealed documents. Their filings repeatedly stress that while Mueller is done, he has referred several investigations to other DOJ offices and to "other entities" for investigation, and that those investigations are ongoing. Some sample quotes from multiple filings this week:
- "On March 22, 2019, the Special Counsel notified the Attorney General that he had completed his investigation into Russian interference in the 2016 presidential election. The Special Counsel, however, referred a number of matters to other offices in the Department of Justice. Those matters remain ongoing."
- "Disclosure at this juncture could harm ongoing investigations, interfere in the upcoming Stone trial, and reveal persons within the scope of both closed and ongoing investigations who have not been charged."
- "Movants seek to advance the public’s interest in understanding more about the Special Counsel’s investigation. That is an important and valuable function of the press. But that interest does not take precedence over the strong public interest in protecting ongoing investigations against the prejudice from premature disclosure, ensuring the fairness and integrity of criminal proceedings, and protecting uncharged persons from unjustified reputational harm."
- "[A]lthough the Special Counsel has concluded his work, the Special Counsel referred a number of matters that are ongoing and are being handled by other offices and entities. Disclosure of the warrant materials threatens the harms that courts have catalogued in holding that the First Amendment provides no right of access to search warrant materials in ongoing investigations."
- "In complex investigations, such as this one, where a single warrant may have relevance to interconnected lines of investigation, that test would fail to take into account tangible investigative harms from disclosure. An indictment does not end an overall investigation, for example, when a defendant is potentially involved in activities with other subjects or targets, and the warrant in question seeks evidence bearing on that joint activity, but the defendant has been charged only with a subset of his conduct under investigation. The probability of a continuing investigation post-indictment grows when the search targets are linked to other persons of interest by ties to a single organization, common associates, or coordinated activities. Disclosure of warrant materials could reveal sources, methods, factual and legal theories, and lines of investigation extending beyond the charged conduct."
- The warrant materials sought by the movants could reveal “the nature, scope and direction” of government investigations. ....They describe investigative sources and methods, state what has been searched (and, by implication, not discovered), identify potential subjects of the investigation, and reveal factual and legal theories. The dates and volume of warrants also reveal the evolution and direction of investigative interests. Making this information public while an investigation is ongoing could pose a clear threat to the investigations’ integrity." (my emphasis)
- "a compelling interest in protecting uncharged individuals from unjustified reputational harm also weighs against any right of access to search warrant materials. See Justice Manual § 1-7.400(B) (stating Department of Justice policy against commenting on an ongoing investigation “before charges are publicly filed”). As noted, the search warrant materials discuss conduct and legal theories that sweep more broadly than the charges against Stone described in the grand jury’s indictment. It would be unfair to release warrant materials that invade personal privacy interests or that “accuse persons of crime while affording them no forum in which to vindicate themselves,” cf. United States v. Briggs, 514 F.2d 794, 802 (5th Cir. 1975) (criticizing the practice of naming unindicted coconspirators)." (my emphasis)
- "[F]or the reasons already discussed, the substantial risk of prejudice to ongoing investigations and the Stone proceedings militates against access. See, e.g., Sealed Search Warrants, 868 F.3d at 395 (“If the unsealing of pre-indictment warrant materials would threaten an ongoing investigation, the district court has discretion . . . to leave the materials under seal”)"[My emphasis]
- "the warrant materials reflect significant investigative details and concern uncharged, third-parties. Segregation of that information [by redaction] would not be feasible."
Filings by proseuctors in a case brought by the Washington Post seeking unsealing of additional Manafort documents also emphasize:
- The movant seeks unredacted versions of a number of filings and transcripts from United States v. Manafort, No. 17-cr-201-ABJ-1 (D.D.C.). That case has been transferred from the Special Counsel’s Office to the U.S. Attorney’s Office, and the attorneys who were principally responsible for that case are no longer handling the matter.
- "On March 22, 2019, the Special Counsel notified the Attorney General that he had completed his investigation into Russian interference in the 2016 presidential election. The Special Counsel, however, referred a number of matters to other offices in the Department of Justice. Those matters remain ongoing." (my emphasis)
- The limited redactions in place are tailored to protect specific compelling interests — including ongoing investigations and the privacy rights of uncharged third parties. (my emphasis)
Two things you can take to the bank:
- Trump will falsely claim exoneration on everything
- His under-informed base will believe him
I won't be around to provide updates until late tomorrow afternoon, Mountain Time, so here's a place for you to update each other and provide your thoughts.
< Cher: The Icon | Happy Passover and Open Thread > |