Full disclosure of Mueller report could be ensnarled by Rule 6(e)

Even if Attorney General William Barr releases the report from Special Counsel Robert Mueller on Russian interference in the 2016 presidential election, expect heavy redactions, Most prominent would be content from grand jury proceedings, restricted by law. Rule 6(e) of the Federal Rule of Criminal Procedure obstacle, makes it a criminal act to reveal grand jury information. Other Freedom of Information Act obstacles;  Exemption 1 covers national security and in this case a counter-intelligence investigation; Exemption 5 could enable Barr to withhold information in the report that informed decision making; under FOIA Exemption 7 Barr could withhold information referring to special investigative technique or information that could jeopardize an ongoing investigation. (Muckrock, March 2, 2019, by Michael Morisy)

In an analysis last year, journalism professor Stephen Bates, Lawfare, October 25, 2018, noted that a court order is needed to obtain information covered by Rule 6(e), and a court could disclose 6(e) evidence for presidential impeachment. The court could also find an exception for Rule 6(e) for “judicial proceedings.”

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