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
If you’re new to the climate intervention space, welcome! The TL;DR: if we can’t stop the most catastrophic impacts of climate change with current tools quickly enough, then we need a bigger toolbox.
After months of delay, the council tasked by President Trump to review the FEMA released its final report. Our disaster policy nerds have thoughts.
FAS and FLI partnered to build a series of convenings and reports across the intersections of artificial intelligence (AI) with biosecurity, cybersecurity, nuclear command and control, military integration, and frontier AI governance. This project brought together leaders across these areas and created a space that was rigorous, transpartisan, and solutions-oriented to approach how we should think about how AI is rapidly changing global risks.
Investment should instead be directed at sectors where American technology and innovation exist but the infrastructure to commercialize them domestically does not—and where the national security case is clear.