re: Can the DOJ release documents concerning ongoing investigations?

quote:

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course the DOJ can't release documents concerning ongoing investigations

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Serious and legitimate question - is this the state of law or policy?

More specifically, is there a law that prevents disclosure?

I concur that they should not. It would interfere with the investigation and runs the risk of creating extra judicial punishment and shaming.

Nevertheless, I’m not aware of any statute that prevents such disclosure. Instead most statutes that compel disclosure (e.g. FOIA) have exclusions that allow information to not be disclosed

Thus, I had presumed the hierarchy is

Executive branch can withhold anything unless compelled
They may be compelled by court order or statute
Most statutes have exclusions for ongoing investigations

To make it germain, the issue would then be:

1- what exclusions to compelled disclosure exist in the transparency act; and
2-how would the transparency act intersect with the separation of powers between the executive and legislative branch

The 2nd is minefield bc unless you get one of those weird non-textual decisions, the outcome could also impact FOIA. Thus I’d hope there would be superseding legislation to allow

Thus, my seat of the pants answers would be

Can-yes
Should-no
Will-no

I didn’t look deeper and to paraphrase your earlier point- I am here to learn