Thread by @neal_katyal

I agree with @JamesComeyFBI on bottom line: Mueller&other investigs should be fully reported to public. But Comey errs IMHO by saying Hillary Clinton investig supports this. That was wrong. What's the difference? I'll answer in next tweet. It's simple.

wapo.st/2ITW0kg?tid=ss…

Paradigmatic case for transparency is POTUS. He has Art 2 prosecution power in our Constitution. HRC lacked all of that. She didn't pick 2 AGs and a DAG. She didn't hand-install Whitaker. She didn't fire Comey. She couldn't do any of that.

Case for great transparency centers on the immense powers the President has to engage in a cover up by dint of him controlling levers of prosecution, and wielding immense powers more generally. No other type of investigation has that feature. It is in a class of one. More on CNN

(In first tweet by “other investigations” I meant other Trump investigations, not all investigations). Mueller SDNY etc.

There are two other Impt differences. First,Comey didnt report facts on HRC he reported conclusions, ie “extremely careless.” It was an attempt to shame her, not to bring facts to light.
Second, Comey wasn’t a special counsel/prosecutor but investigator. Should have given to Doj