Analysis: How the legal battle for the Mueller report could play out
By Amber Phillips Amber Phillips Reporter for The Fix covering Congress, statehouses Email Bio Follow April 16 at 11:21 AM The Mueller report is expected to be released Thursday, but we may not learn that much. Attorney General William P. Barr has said he’ll redact along four broad categories, meaning key information could remain undisclosed.
Rep. José E. Serrano , chairman of a House appropriations subcommittee that oversees the Justice Department's budget, hasn't ruled out withholding or putting conditions on the agency's budget until Barr complies. The main sticking point here is grand jury information, which is how Mueller got much of his testimony. By law, grand jury testimony is supposed to remain secret save for a few exceptions.
"Usually when Congress goes to court, it loses,” he said. “Either because it somehow lacks standing, the legal right to be there in the first place. Or because the court punts, saying it's a political question." The problem for Congress is that they don’t know what they don’t know, Levinson pointed out. How can they argue that a blacked-out line is something that should be public when they don't know what that line says? “Congress is, in a way, flying without flight instruments to the extent they just don't know,” she said.Attorney General William Barr Earlier this month, Barr told Congress he’s willing to consider redactions on a case-by-case basis.
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