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Ted Boutrous
@BoutrousTed
, 4 tweets, 1 min read Read on Twitter
Special Counsel Mueller and his team and their report have been subjected to brutal, false political attacks from President Trump, his lawyers and congressional Republicans. This harms the public and democracy. Mueller needs to testify on the public record in full.
Under these circumstances especially, it is absurd and contrary to their mission to be fair and do justice, for Mueller and his team to resist a full public airing of what they did, why they did it, and the decisions that they did and didn’t make based on their investigation.
As I said on March 25, Mueller’s stoney silence has been a mistake from the beginning that has confused the public and it is contrary to the way federal prosecutors usually behave. slate.com/news-and-polit…
In the meantime, there are over 900 former federal prosecutors, appointed by Republicans and Democrats, ready to testify to the House Judiciary Committee. STATEMENT BY FORMER FEDERAL PROSECUTORS” by DOJ Alumni Statement
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Ted Boutrous
@BoutrousTed
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.”
Read 7 tweets
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Ted Boutrous
@BoutrousTed
If the Mueller prosecutors obtained the information, then there has been a waiver of Executive Privilege, by definition. So any claims of Executive Privilege regarding Mueller’s report are frivolous.
The Trump team may argue that since Mueller and DOJ are part of the Executive Branch there has been no waiver but under that theory if Trump had done an interview with Mueller THAT would have been privileged. That can’t be right. Revealing info to antagonist = waiver.
By the way, Rule 6(e)(3)(D) expressly allows Attorney General Barr to disclose grand jury material to federal intelligence officials like @AdamSchiff to assist them in performing their official duties to combat hostile activities by a foreign government. This is not complicated.
Read 4 tweets

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💥💥💥#Mueller: #Russians leaked files to "discredit"? #Concord & #Kavanaugh connection, A thread. 👇
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@Z_Everson
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