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
As federal uncertainty grows and climate goals face political headwinds, a new coalition of subnational actors is rising to stabilize markets, accelerate permitting, and finance a more inclusive green economy.
To protect rural America, Congress must address extreme heat’s impacts by repairing rural health systems, strengthening the preparedness of rural businesses, and hardening rural energy infrastructure
The Trump Administration has moved with alarming speed to demolish programs, regulations, and institutions that were intended to make our communities and planet more liveable.
“The era of reductions in the number of nuclear weapons in the world, which had lasted since the end of the cold war, is coming to an end”