As to the Release of the Mueller report in total to the Public-
Wanting and self-delusion by those demanding it -doth not make it so!
AG Barr is obligated to follow the law as passed by Congress.
If Congress wants to change the law it can vote and ask Trump to sign it!
A discussion from CNN of the applicable statutes:
https://www.cnn.com/2019/01/15/opini...din/index.html
It is important, therefore, to understand the special counsel regulations and Justice Department policy that govern Mueller's investigation and to question Barr about his interpretation of the regulations and those policies.
Reports are referred to in two sections of the regulations:
28 CFR 600.8(c) and
600.9.
Section 600.8 (c) says that, at the conclusion of the special counsel's work, he or she shall provide the attorney general with a confidential report explaining the prosecution or declination decisions reached by the special counsel.
Nowhere in the regulations does it mention releasing or even authorizing the release of the special counsel's closing report to the public or even to Congress.
Simply put, the regulation only authorizes that a confidential report be given to the attorney general. So, when Barr indicates that he will "follow the Special Counsel regulations scrupulously," he could interpret this regulation as denying him the legal authority to release Mueller's report either to Congress or the American public.
Section 600.9 is more complex and provides two bases for disclosure.
Section 600.9 (a) requires that the attorney general notify and explain to the chairman and ranking minority member of the Judiciary Committees of each house of Congress in only three circumstances: (1) upon the appointment of a special counsel; (2) upon the removal of a special counsel; and (3) upon conclusion of the Special Counsel's investigation, including, when the attorney general decides not to allow the special counsel to proceed as he has requested. Nothing more.
Consequently, while the attorney general is authorized to release these reports if he determines their release would be in the public interest, to the extent that release would comply with applicable legal restrictions, this notification portion of the regulation does not directly appear to provide a basis for Barr to release Mueller's entire final report or the results of his work either to Congress or to the American public.
Section 600.9 (c) governs all other releases of information by the special counsel -- to wit, possibly the final report. This section provides that disclosure shall be governed by the "generally applicable Departmental guidelines concerning public comment with respect to any criminal investigation and relevant law." This is in large measure the heart of the matter.
If we learned anything from the controversy over James Comey's press conferences -- where he sharply criticized Hillary Clinton's handling of her emails, and then announced that no charges were warranted -- it is that departmental guidelines foreclose commenting on criminal investigations, especially if the subjects of the investigation are not publicly charged with a crime.
Thus, because departmental policy prohibits Mueller from indicting a sitting President, release of his report (or at least parts of the report) would appear to contravene departmental policy regarding public comment on investigations not resulting in criminal charges. Again, consistent with law, this could provide Barr with a basis to refuse to release Mueller's final report.
Without a detailed understanding of Barr's interpretation of the special counsel regulations and the operative Justice Department policy concerning public comment with respect to criminal investigations, there is no way to know whether Barr's promise to "follow the Special Counsel regulations scrupulously and in good faith," and his belief that it is "very important that the public and Congress be informed of the results of the Special Counsel's work," have any practical meaning.
It will be up to the Senate Judiciary Committee to flesh this out before a final confirmation vote.
No question that the public would like to see the entire report.
Barr will handle the matter under the rule of Law, not the whining of the DPST's!
Patience is advised for all.
Jagger -"You can't always get what You Want!"
