Nadler's great response to Barr!

[LTG]

95. Huge differences in the rules governing

the two investigations. The Independent Counsel was a creature of statute. Starr acted under the auspices of Congress and his report was to be sent in its entirety directly to Congress, who controlled its release to the public.

Starr’s report was considered too full of graphic salacious details of Clinton’s sexual behavior. There was bi-partisan displeasure with the extent of the report. Not long after the statute expired and has never been replaced.

The Special Counsel is a creation of the Justice Department and has rules and regulations that were either created specifically for the Special Counsel, or that already existed and are directly applicable.

Those rules direct the Special Counsel to produce a report explaining his reasonings as to prosecution and declination decisions and present it directly to the AG. He has no authority to send it anywhere else.

The DOJ regs and rules then direct the AG to send to Congress a summary of the primary findings of the Special Counsel. The AG may choose to provide more of the actual report to Congress, but it is his decision. The Special Counsel’s work is done for DOJ and is solely under its authority.

The redactions listed in the second letter’s list of possible redactions are all required under relevant rules and regulations, some with some discretion given the AG.

The Congress can subpoena it, but the law, rules and regulations provide no standing for Congress to demand them. The courts may order their release to Congress or may not as it is internal work product. Regardless, that would ultimately be decided by the Supreme Court, and we know how that would probably go.

I’m sure our Reps know the game and how to play it much better than I do. For now I’m going to trust that they are making good decisions under the circumstances, if not bold ones that might be mostly bluff.