The Democrats in general and Jerry Nadler, in particular, are planning to subpoena the full unredacted Mueller report. There are two major problems with that.
Alan Dershowitz explained to Sean Hannity that by US law, the Attorney General is the authority who decides whether the report gets released or not and no court can overturn a law passed by Congress and signed off by the president at the time. Only Congress can do that and they can’t get it done.
The Trump administration isn’t legally required to make public Special Counsel Robert Mueller‘s full report on his Russia investigation, Harvard Law professor Alan Dershowitzsaid during an appearance on Fox News’ “Hannity” on Monday night.
As Democratic lawmakers pressure Attorney General William Barr to release the entire report without any redactions, Dershowitz used the “shoe on the other foot” test to demonstrate that the Trump administration doesn’t have to comply with the Democrats’ demands.
“There’s nothing in the regulations that require to reveal anything,” Dershowitz said, “and the best test is the shoe on the other foot test. When we go back to [former FBI Director James] Comey’s statement, if Comey had said ‘We’re just not going to indict Hillary Clinton on the emails,’ and the Republicans said, ‘Wait a minute. We heard you have a report that said she was extremely careless. We want you to release that,’ the Democrats would have jumped up and down and said, ‘No, no, no. Prosecutors don’t say anything negative about people they haven’t indicted.’ All they’re supposed to do is announce ‘no indictment.’
The second problem might be even worse for Nadler. The law states that grand jury testimony cannot be released to the public and anyone who does so faces felony charges. No judge, even an activist one would dare order the AG to commit a felony because that judge could be impeached for doing so. Also, the Intelligence community gets to redact anything that could damage national security.
So, why are they demanding the full unredacted report? Simple. They know there is nothing damning in the report and their only shot at salvaging the situation is to holler cover up.