quote:
Relying on an expansive conception of Congress’ investigative authority, two courts have held that Congress has a “constitutionally independent legal right” to obtain documents in furtherance of “legitimate legislative activity” even if the documents disclose matters occurring before a grand jury. Yet other courts have criticized these decisions, sharply disagreeing with the conclusion that the rule of grand jury secrecy does not apply when Congress is the contemplated recipient of information.

It’s one thing to argue that Barr as the right to refuse their demands, it’s another thing to argue that the demands are inherently legal when multiple courts have said otherwise.

The Special Counsel’s Report: Can Congress Get It?

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Posted by NC_Tigah

Carolinas

Member since Sep 2003

124175 posts

Posted on 5/7/19 at 4:50 am to buckeye_vol

quote:
While there seems to be some conflicts in circuit courts, at least 2 decisions have ruled that Congress as the authority to review it:

No sir!
Congress has the right to ask the Courts for authorized release of 6e material.
In this instance they have not done that.

Nadler's current request is for Barr's unauthorized release of 6e Material. That would constitute a crime. The Judicial Branch has complete say over whether release of such material can or will be authorized.

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Posted by udtiger

Over your left shoulder

Member since Nov 2006

99121 posts

Posted on 5/7/19 at 5:39 am to buckeye_vol

quote:
at least 2 decisions have ruled that Congress as the authority to review it:

And the Circuit Court where Congress sits says no.

Also, since Barr was under no obligation to provide a copy of the report to Congress under the law N he certainly has the authority to redact information from that report when it is produced.

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