The public has every right to see Robert S. Mueller III’s conclusions. Absolutely nothing in the law or the regulations prevents the report from becoming public. Indeed, the relevant sources of law give Attorney General P. William Barr all the latitude in the world to make it public.
Those regulations, which I had the privilege of drafting in 1998 and 1999 as a young Justice Department lawyer, require three types of reports. First, the special counsel must give the attorney general “Urgent Reports” during the course of an investigation regarding things such as proposed indictments. Second, the special counsel must provide a report to the attorney general at the end of the investigation, which Mueller delivered on Friday. And third, the attorney general must furnish Congress with a report containing “an explanation for each action … upon conclusion of the Special Counsel’s investigation.”
The regulations anticipated there would be differences among these three. Generally speaking, the final report the special counsel gives to the attorney general would be “confidential,” and the report the attorney general gives to Congress would be “brief.” We wanted to avoid another Starr report — a lurid document going unnecessarily into detail about someone’s intimate conduct and the like. A subject of such a report would have no mechanism to rebut those allegations or get his or her privacy back. [Continue reading…]