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M.S. Bellows, Jr.
@msbellows
, 3 tweets, 2 min read Read on Twitter
@jgeltzer Joshua: do you happen to know why 28 CFR 600 didn't expressly include a clause like 28 USC 595 ("An independent counsel shall advise the House of Representatives of any substantial and credible information... that may constitute grounds for an impeachment")?...
1/
@jgeltzer (Whether Mueller sees his baileywick as just covering criminal matters per 600.1 may help explain why he didn't make an express referral --which in turn may impact Congress' ability to see grand jury materials under 6e (acc. to Sirica's analysis from way back when) ...
2/
@jgeltzer ... as well as the scope of what Mueller may or may not be willing to testify about on the 15th.)

Thanks!

(msbellows @ gmail if that's better.)
c @neal_katyal
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M.S. Bellows, Jr.
@msbellows
@renato_mariotti @RoKhanna I agree that Neal's stated "legislative purpose" is VERY weak tea. But under 26 USC §6103(f)) + current caselaw, no legislative purpose at all is needed, so even if Neal decided it was safer to offer one, he also may have wanted to offer a facially neutral rationale...
@renato_mariotti @RoKhanna ... to avoid giving any support to claims that this is a personal vendetta + to track with Pelosi's "pretend we're not eager to impeach" PR gameplan.
...
@renato_mariotti @RoKhanna Also, the fact that §6103(f) specifies that the request come from Ways & Means, not Judiciary, makes "we're investigating conflicts" a little iffy. Neal may have felt the need to articulate a prose more in keeping with his committee's role. ...
Read 5 tweets
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M.S. Bellows, Jr.
@msbellows
This is really well done. It ticks all the boxes needed (per relevant caselaw precedents) to maximize the chances of the courts ordering production of the full report (including grand jury material) despite FRCrimP 6(e) and courts' usual deference to the political branches.
2/ Note that Ways & Means (Neal)'s argument for getting Trump's tax returns is both stronger + weaker than Judiciary (Nadler)'s case for getting the full Mueller report (see tweet above).
...
3/ Nadler must find a way around a statute (FRCrimP 6(e)) (again, see first tweet), but Judiciary's broad responsibilities allow him to cite national security and hint strongly that impeachment may be at issue, both of which will receive tremendous deference from the courts. ...
Read 14 tweets
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M.S. Bellows, Jr.
@msbellows
@neal_katyal Neal: Lawyer/journo here. Q: was there a reason 28 CFR 600 didn't include a clause like 28 US 595 ("An independent counsel shall advise the House of Representatives of any substantial and credible information... that may constitute grounds for an impeachment")? 1/
@neal_katyal Followup: do you consider impeachment referrals to be part of the SC's charge, or just criminal matters (given 600.1)?

(Context: I'm trying to figure out why Mueller didn't outright state he was making a referral.) Thanks!

(msbellows @ gmail if that's better.)
2/2
@neal_katyal Sorry -- 28 USC 595.
Read 3 tweets

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