If the Attorney General decided to withhold portions of the pending report of the Special Counsel, he might justify his decision by citing legal protections for grand jury information and for executive privilege.
But there are exceptions to both of these categories, and Congress has tools of its own to pursue the desired information, the Congressional Research Service said in a new assessment.
With respect to grand jury information in the Special Counsel report, “Congress could opt to seek documents or testimony from grand jury witnesses themselves,” CRS said.
As for executive privilege, it “is generally qualified, and can be surmounted (in court) if Congress can show an overriding need for the information.” See The Special Counsel’s Report: Can Congress Get It?, CRS Legal Sidebar, March 8, 2019 And see, relatedly, The Special Counsel’s Report: What Do Current DOJ Regulations Require?, CRS Legal Sidebar, March 7, 2019.
Other noteworthy new and updated reports from the Congressional Research Service include the following.
Membership of the 116th Congress: A Profile, March 7, 2019
Foreign Agents Registration Act: An Overview, CRS In Focus, updated March 7, 2019
United States European Command: Overview and Key Issues, CRS In Focus, March 12, 2019
The War Powers Resolution: Concepts and Practice, updated March 8, 2019
Strategic Competition and Foreign Policy: What is “Political Warfare”?, CRS In Focus, March 8, 2019
Defense Primer: A Guide for New Members, updated March 8, 2019
Denice Ross, former U.S. Chief Data Scientist and Data Policy Institute lead at the Federation of American Scientists, will be honored for her stewardship of public data by the National Academy of Public Administration, where she has been named a Fellow.
Confirmation that the construction of the security perimeter and associated security infrastructure at RAF Lakenheath are still ongoing once again raises questions about whether U.S. nuclear weapons have already been deployed to the base.
Alaskans are sensibly pulling back from the vogue for bans and returning to a western tradition that has worked for more than half a century – one that welcomes innovation but also oversees it closely.
The strength of our nation’s data policy isn’t just in the rules we write, but in how effectively we translate those rules into a system that prioritizes the public good. Join us in this movement to design and build more resilient national data policies.