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Ryan Goodman
@rgoodlaw
, 3 tweets, 2 min read Read on Twitter
#Barr to @RepEdCase: "Until someone shows me a provision in 6(e) that permits its release, Congress doesn't get 6(e)" grand jury material.

@marty_lederman and @BarbMcQuade have got the answer

Two provisions—under Rule 6(e) itself—permit sharing grand jury info with Congress
1/3
Expert tip 1: One provision for sharing grand jury info does not even require prior court approval.

Expert tip 2: Barr is apparently daring Congress with idea it needs to start impeachment proceedings to qualify for the other provision. Lederman's analysis shows that's false.
2/
Marty Lederman's analysis is here: justsecurity.org/63523/barr-the…

Barbara McQuade's analysis is here: justsecurity.org/63470/how-barr…
3/3
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Ryan Goodman
@rgoodlaw
“The House Judiciary Committee should undertake to complete the Barr-Mueller evaluation, backed up if need be by the power of impeachment.”

- Reagan-GW Bush, head of Office of Legal Counsel @dougkmiec

thehill.com/opinion/white-…
Kmiec:

“Just as a high crime or misdemeanor doesn’t have to be a statutory or even a common-law crime, the wrongfulness of a candidate coordinating with a foreign adversary when the candidate knew or should have known that such activity was deeply treacherous is patently clear.”
Ambassador Kmiec:

“the [Mueller] report discerns no conspiracy to help the Russians “interfere,” while disclosing ABUNDANT COLLUSION in the use of stolen materials that Candidate Trump brazenly traced to the Russians”
Read 4 tweets
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Ryan Goodman
@rgoodlaw
My good friend @jacklgoldsmith defends Barr's handling Mueller report @lawfareblog

Some key flaws:

1. Jack faults Mueller for not making up or down prosecution decision.

Yet Jack never once discusses DOJ opinion forbidding indictment. Also not what Jack's said before. Compare:
2. Jack criticizes Mueller: "Mueller made an impeachment referral that the regulations do not contemplate."

But, in July 2017, Jack wrote: "imprudent for RM [Robert Mueller] to indict rather than refer to Congress."
3. Jack quotes five passages from Special Counsel Regulations to make a point about the relationship of special counsel to the Attorney General.

But doesn't quote this passage from the Regulations: "the Attorney General will give great weight to the views of the Special Counsel"
Read 6 tweets
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Ryan Goodman
@rgoodlaw
🚨

Barr '18 memo: "if a President...commits any act deliberately impairing the integrity…of evidence, then he, like anyone else, commits the crime of obstruction"

Mueller report: Trump "ORDERED" White House Counsel to create false record to impair "ongoing investigation." 1/
2. Greatest criminal exposure for Trump: ordering White House Counsel to create false record (record denying POTUS tried to fire Special Counsel).

Mueller's conclusion: incident satisfies all three elements for obstruction.

(and Trump made "repeated efforts." McGahn refused.)
3. Klobuchar: "You said that a president deliberately impairing the integrity or availability of evidence would be obstruction. Is that correct?"

Barr: "Yes"

Klobuchar: "You wrote…that if a president knowingly destroys or alters evidence that would be obstruction?"

Barr:“Yes”
Read 5 tweets

Related threads

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Maya Wiley
@mayawiley
THREAD: I invoked Rod Serling & Twilight Zone when the news hit about #Trump asserting #ExcutivePrivilege over documents underlying #MuellerReport. I thought I should explain given your questions about US v Nixon & more.
First, there are two different issues to sort through. 1. grand jury material redacted in #MuellerReport and the grand jury material - documents - the report relies on; and 2. documents like McGahn's notes that Mueller refers to in the report that may exist outside of grand jury
House Dems are basically arguing they can see grand jury material behind closed doors (not public) without a court order. The Congressional Research Service notes that 2 court decisions agree with them & others do not. This sets up a court battle. fas.org/sgp/crs/secrec…
Read 15 tweets
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Judd Legum
@JuddLegum
1. In this thread, I'll keep track of things Bill Barr says that aren't accurate.
2. First one comes quickly. He said he would exercise his discretion to release as much of the report as possible. That's false. He redacted to protect the privacy of "peripheral third parties" which is a totally made up category with no basis in law.
3. Barr claims Mueller did not properly identify 6(e) -- Grand Jury -- material. Not sure if this is true or not but seems VERY unlikely.
Read 41 tweets
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PantsuitPolitics
@PantsuitPolitic
"The first order of business is to cool the room down." - Graham
#ifonly #BarrHearing
Senator Graham: "can't say I've read it all, but I've read most of it."

Way to establish confidence in the process! #BarrHearing
Senator Graham recites Mueller's resume. "He has served this country in a variety of circumstances long and well. For those who took time to read the report, I think it was well-written, very thorough."
Read 232 tweets
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Zoe Tillman
@ZoeTillman
As AG Bill Barr prepares to testify this morning before the Senate Judiciary Committee, House Judiciary Dems have just released the letter that special counsel Robert Mueller sent to Barr on March 27
AG Bill Barr's hearing before Senate Judiciary is underway. Chair Lindsey Graham's opening remarks spend a lot of time on Peter Strzok (the FBI agent involved early in the Russia probe who sent anti-Trump texts), saying they'll focus on the origin of the probe post-Mueller
We now have Mueller's 3/27 letter to Barr. What he said:
- That Barr could release intros and executive summaries of both volumes asap
- That Barr's 3/24 letter "did not fully capture the context, nature, and substance" of the special counsel's work
buzzfeednews.com/article/zoetil…
Read 50 tweets
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Roscoe B Davis🎖⭐️⭐️⭐️
@RoscoeBDavis1
Here's a prime example of a US Prosecutor making constitutional conclusions. Where did they get the authority to start making conclusions on constitutionality of Article 2 powers? That's a job for a judge and the SCOTUS. There overreach in the volume two is amazing.
Here the Special Counsel decided to answer a question no one asked. Why is this even being brought up? But does this apply to Hussein as well?
Throughout this Volume 2 the SC cites all sorts of law concerning executive privilege. Why? Because it's a buzz word. NOT ONCE did @realDonaldTrump exert Executive Privilege, regardless of all the embarrassing stuff. He was an open book
Read 7 tweets
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Jeremy Herb
@jeremyherb
The Barr hearing is underway. Barr is accompanied by Assistant AG Lee Lofthus, because he wasn't around for the budget preparations and, you know, this is an appropriations hearing and all
Rep. Serrano, the chairman of the Appropriations Subcommittee, goes off his prepared remarks to urge Barr to release the full Mueller report: "I think it would strike a serious blow to our system and yes to our democracy, if that report is not fully seen."
Rep. Aderholt, the top R on the subcommittee, does not mention Mueller in his opening statement
Read 20 tweets

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