THREAD: the DoJ response states that they are ONLY appealing section two of the Barr memo, but are NOT appealing section one of the memo. The courts memo MAY BE RELEASED in its ENTIRETY. 1/
As I predicted, the DoJ is asking for a stay for section 2: that’s the section regarding the deliberative process privilege. 2/
The DoJ argues that there is a difference between deciding whether to indict the president, or deciding if the evidence would be sufficient to establish a basis to prosecute. They argue section 2 of this memo dealt with the latter and is therefore deliberative. 3/
The DoJ argues that the AG did have a decision to make because Mueller didn’t, and therefore should be protected as deliberative. 4/
Here’s the attached memo, most of which is still redacted. We should get the unredacted version of judge Jackson’s opinion soon. I’ll keep you posted. END
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