Congressional Democrats' demands for the full release of the special counsel's report on the Russia investigation are setting up a potential tug of war that federal judges might eventually have to referee.
The American flag flies over the White House as vehicles move along 16th Street, in northwest Washington, Friday March 22, 2019. Special counsel Robert Mueller has concluded his investigation into Russian election interference and possible coordination with associates of President Donald Trump. The Justice Department says Mueller delivered his final report to Attorney General William Barr, who is reviewing it.
Six Democratic committee chairmen wrote in a letter to Attorney General William Barr on Friday that if Mueller has any reason to believe that Trump “has engaged in criminal or other serious misconduct,” then the Justice Department should not conceal it. Lawmakers say they need the underlying evidence — including interviews, documents and material turned over to the grand jury — because the Justice Department has maintained that a president cannot be indicted, and also that derogatory information cannot be released about people who have not been charged. So if the investigation did find evidence incriminating against Trump, they may not be able to release it, under their own guidelines.
Barr testified at his confirmation hearings that he wants to release as much information as he can about the inquiry. But the department’s regulations require only that the attorney general report to Congress that the investigation has concluded and describe or explain any times when he or Rosenstein decided an action Mueller proposed “was so inappropriate or unwarranted” that it should not be pursued. Barr said Friday there were no such instances where Mueller was thwarted.
If the administration decides to fight, lawmakers could ask federal courts to step in and enforce a subpoena. A court fight could, in theory, reach the Supreme Court. But few tussles between Congress and the White House get that far. They often are resolved through negotiation.
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