Lawmakers seeking Special Counsel Robert Mueller's report are likely to fac...
- Lawmakers seeking Special Counsel Robert Mueller’s report are likely to face a protracted legal battle that will turn on President Donald Trump’s right to keep communications with his advisers private, legal and political experts said.
Barr concluded there was insufficient evidence to bring an obstruction case against Trump, prompting Democratic lawmakers to call for the release of the full report and the underlying evidence Mueller relied on. Ross Garber, a lawyer in Washington focusing on political investigations, said Congress would have a difficult time persuading judges to release materials marked as classified or privileged by the executive branch, and that even a successful challenge could take years.
Barr could also keep parts of the report under wraps by invoking a Justice Department policy against disparaging individuals who have not been charged with crimes. But it could be months before the Democrat-led House is even in a position to sue, legal experts said.If Barr refused to release it, Democrats would then vote to hold him in contempt of Congress, experts said.Legal experts said that, while executive privilege has been recognized by the Supreme Court, it must be narrowly asserted and balanced against Congress’ need for information to fulfill its duty of oversight over the executive branch.
But Mitchel Sollenberger, a professor of political science at the University of Michigan-Dearborn, said courts would be sympathetic to arguments by lawmakers that they need more information about the Mueller investigation to do their job.
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