Posted on 04/06/2019 5:01:19 AM PDT by billorites
Don't forget, the Rs still control the Senate. The soonest such a law could be passed would be in 2021, and only if we lose the Senate and fail to re-take the House.
And there is the whole ex post facto issue to deal with then.
No it doesn't. This is a great decision, but it doesn't override precedent in other federal districts and the courts had been chipping away for a while at the secrecy of Grand Jury testimony.
See this wonderful little piece of judicial garbage, and right here in the DC Circuit. Chief Judge Beryl A. Howell's Order to Unseal Documents in the case IN RE APPLICATION TO UNSEAL DOCKETS RELATED TO THE INDEPENDENT COUNSEL’S 1998 INVESTIGATION OF PRESIDENT CLINTON
The judge has lot's of wonderful things to say, including citing the Carlson case - which I will discuss below, but quite to the point, her honor writes:
“The D.C. Circuit has not specifically addressed the question of whether courts have inherent authority to order the release of grand jury records in circumstances not enumerated by Rule 6(e),”
Well, in this case on the 5th of April the Circuit Court so addressed it and to the prejudice of Chief Judge Howell's efforts to over-ride statute with judicial discretion.
If Trump’s DOJ ever impanels a grand jury to look at the real felons involved in the coup (all democrats and their allies) most of the guilty will STFU about releasing grand jury testimony.
In that case, I would have a total collapse of memory if ever required to appear before a Grand Jury.
I wouldn’t recall my shoe size.
Laws, we don’t need no stinking laws.
BTW, when do we recognize that this no country at all, but only a geographical entity? We don’t have a border. We don’t enforce our laws. The Fake Congress is full of cackling hens, clumsy bulls and traitorous snakes. And we are the sheep for allowing it to continue.
Yes, heads will explode, but the purpose of the redactions is to protect the guilty, mostly Democrats.
Actually it is a story because there are conflicting opinions in other jurisdictions and the recent jurisprudence of the US, up to this decision, has been to chip away at Grand Jury secrecy.
A keystone case in the counter-move was the Court's Opinion in Carlson v. US, 837 F. 3d 753 (2016)
Therein Chief Judge Dianne Wood (Clinton Appointee "considered a liberal intellectual counterweight to the Seventh Circuit's conservative heavyweights, Richard Posner and Frank Easterbrook"), writing for the majority, stated:
he government's primary textual argument is that the phrase "[u]nless these rules provide otherwise," which appears only in Rule 6(e)(2)(B), somehow carries over to all of Rule 6 and provides conclusive proof that the court's power in subpart (3)(E) is limited to the purposes listed under that heading. This makes no sense, either as a reading of Rule 6(e) or as a general matter of statutory (or rule) construction. The government provides no explanation for why a limitation buried in subsection (B) of subpart (2) of Rule 6(e) secretly applies to the rule as a whole
Judge Sykes in dissent wrote: Rule 6 of the Federal Rules of Criminal Procedure comprehensively governs the conduct of grand-jury proceedings, and subpart (e) of the rule requires that all matters occurring before the grand jury must be kept secret, subject to certain narrow exceptions...t's easy to see (and everyone agrees) that none of these exceptions even arguably applies to the petitioners' request, which is not made by the government or a defendant and has nothing to do with a judicial proceeding..
So the law says they can’t release grand jury testimony?
Since when do Demo rats care what the law says?
The report will now consist of Mueller’s (or the prosecutor) questions & the response. The response being nothing but a seemingly disconnected string of adjectives, prepositions, conjunctions & interjections.
Did you read the article?
So the dems will finally stop DEMANDING an unredacted Mueller report, right?
Implies hell, its already the law.
In addition, they will want DoJ to provide the committee with extra copies so it can make immediate distribution to all their Democraatic friends in the media (i.e.: NYT, WashPost, CNN, MSNBC, etc.)
No, AG Barr MUST redact because the Democrat staffs and Members og the House Government Oversight and Intelligence Committees leak, as one Republican Member put it, like “screen doors on a submarine.”
I also like the AG’s intention to simultaneously release it to the public so the Democrats and media cannot play the “I know something you don’t” game. They will still lie and exxagerate, of course, but it will be much harder when they don’t control access to the documents.
Ditto for President Trump’s tax returns. There is absolutely no way they would not be leaked the moment Democrats got their hands on them.
Politicians are generally untrustworthy, but Democratic politicians are completely untrustworthy in matters of security and secrecy.
In disclosing the Mueller report, Attorney General William P. Barr will have to redact grand-jury information.
Of course, the Obama appointee to the three judge panel wanted to go lawless, but that's because he's unfit for the bench. Thanks billorites.
You don’t understand. They’re Democrats. The law doesn’t apply.
Right now Barr cannot release the grand jury testimony, unless he wants to break the law.
Fat jerry can pound sand.
Any National Security issues cannot be disclosed. And if Trump wanted to, he could shut down another portion based on Executive Privilege.
Agreed. I do not think that will ever happen. There are two types of justice in both Kanaduh and the US. One level for the ‘elites’ and one for everyone else.
Turd-owe’s attempts to obstruct justice in the SNC-Lavslin affair will hopefully, result in the Lieberals being soundly defeated and even his losing his seat in the House of Commons. Unfortunately, he has the same chance of standing trial for his crimes as HillyBilly do. None. You or I caught doing similar things? LOTS of time in the crowbar hotel.
Trump’s DC circuit and Supreme Court appointments very well may be the difference in this case.
Not to mention the appointment of Barr as Attorney General.
Matt Whitaker was genius appointment by Trump. He cleared the way for the Barr appointment. The left was scared to death Trump might keep Whitaker.
Thank GOD for Donald J Trump
WINNING!
Good for justice and bad for Dems. Says that the law requiring secrecy for grand jury “evidence” and arguments that did not result in a conviction cannot be disclosed because that would be slandering a legally innocent person, stands...the Dems want all the data available so they can manufacture and spin from false accusations.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.