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As I discussed with @maddow tonight, AG Barr’s claims that he is barred from disclosing grand jury information contained in the Mueller report to Congress by Rule 6(e) is false. Rule 6(e)(3)(D) creates a national security/foreign intelligence exception that applies here. 1/1
The exception, added in the wake of 9/11, allows DOJ to share grand jury information, without a court order, “involving foreign intelligence, counterintelligence” to federal law enforcement, intelligence, national defense/security officials to assist them in their duties.
The exception also allows DOJ to share with those officials grand jury information involving threats of attack or “other grave hostile acts” or “clandestine intelligence” activity of a “foreign power” for the purpose of “preventing or responding to such threat or activities.”
Based on the exception’s plain language and purpose, members of the House Judiciary and Intelligence (and other) Committees qualify as federal law enforcement, intelligence and national defense/security officials to whom disclosure can be made without court order.
The Mueller report grand jury information likewise plainly qualifies as information involving foreign intelligence, counterintelligence and threats of attack and other grave hostile acts of a foreign power, and sheds light on how Congress can stop and respond to them.
Accordingly, Barr may disclose the redacted grand jury from the report to Congress tomorrow. No court order needed — he just needs to notify the court of the disclosure within a “reasonable time” after making disclosure.
On April 1 we filed an application for @rcfp invoking this exception and asking the Chief Judge to tell AG Barr he can disclose the information to Congress. We welcome the House to join our suit or file its own, but it has a right to this information now, with no court approval.
