Eleanor Finch
The Mueller Report, officially titled the Report on the Investigation into Russian Interference in the 2016 Presidential Election, has been a highly contested document since its release in 2019. The report details findings of Russian interference in the 2016 US election and potential links to Donald Trump's presidential campaign. With the report raising questions about potential obstruction of justice by Trump, Congress has sought to access the full, unredacted version to determine if impeachment proceedings are warranted. While the Constitution grants Congress the power to impeach, obtaining the complete Mueller Report has proven challenging due to grand jury secrecy rules and executive privilege assertions. The ongoing pursuit of the report's full disclosure underscores the constitutional checks and balances between the legislative and executive branches of the US government.
| Characteristics | Values |
|---|---|
| Whether Congress can legally see the Mueller Report | Yes, Congress has several avenues to obtain the Mueller Report |
| Whether Congress can see the unredacted Mueller Report | Yes, Congress can obtain the unredacted report through various means |
| Whether Congress can see the grand jury materials | Yes, Congress can request the district court judge to release the materials |
| Whether the Mueller Report can be made public | Yes, the Attorney General can release the report to the public |
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What You'll Learn
Congress' constitutional right to see Mueller's report
The Constitution outlines Congress's right to see the Mueller Report. The report was an investigation into Russian interference in the 2016 election and its links to the campaign of Donald Trump. It contained several disturbing conclusions about Russian attacks on the U.S. election system and Trump's misconduct.
Congress has a responsibility, rooted in the Constitution, to safeguard the integrity of the justice system. This includes the power to impeach and police obstruction of justice. The Mueller Report's findings are about whether Trump broke the law and/or encroached on Congress's constitutional interest in the administration of justice. Therefore, Congress has a right to see the report and its underlying information to fulfill its oversight responsibilities.
There are several ways Congress can legally obtain the full, unredacted Mueller Report. Firstly, although government attorneys are generally prohibited from releasing grand jury materials, the rule allows for certain exceptions. Secondly, Congress can go directly to the district court judge who impaneled the Mueller grand jury and request the release of grand jury materials.
Mueller himself was set to testify to Congress about his report in July 2019. However, Trump criticized Mueller and declared that his testifying would be "bad" for him. Despite this, Mueller testified before two House committees in July 2019, reiterating his report's conclusion that the president is not exonerated from wrongdoing.
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Congress' constitutional power to impeach
The United States Constitution grants Congress the power to impeach federal officials. According to Article I, Section 2 of the Constitution, the House of Representatives "shall have the sole Power of Impeachment". The House has initiated impeachment proceedings more than 60 times, but there have only been 21 impeachments, including three presidents, one cabinet secretary, and one senator.
The impeachment process involves bringing charges against a government official for wrongdoing, misconduct, or "high crimes and misdemeanors". While the Constitution does not define "high crimes and misdemeanors", it limits the grounds for impeachment to treason, bribery, or other such offences. The House of Representatives brings articles of impeachment (charges) against an official, and if they are adopted by a simple majority vote, the official is impeached. The Senate then holds an impeachment trial, which the Constitution requires a two-thirds supermajority to convict. If found guilty, the official is removed from office and may be barred from holding future office.
It is important to note that impeachment proceedings are remedial rather than punitive, meaning that a party may still be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office. Additionally, the President of the United States is constitutionally prevented from granting a pardon to impeached and convicted persons.
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Congress' constitutional interest in the administration of justice
The Constitution gives Congress the right to oversee the administration of justice in the United States. This includes regulating the ethical conduct of the Supreme Court and federal judges, setting the terms of their retirement and compensation, and requiring them to take an oath. Congress has the power to impeach and remove Supreme Court justices for bad behaviour, and to regulate the disclosure of their financial holdings and other sources of income. This is to ensure the integrity of a coequal branch of government and protect the legitimacy of the Court.
In addition, Congress has the power to decide how to organise the Supreme Court and the lower federal court system. Over the years, Congress has altered the number of seats on the Supreme Court through various Acts. The Judiciary Act of 1789, for example, established a Supreme Court with six justices. Today, there is one Chief Justice and eight Associate Justices.
Congress also has a constitutional interest in the administration of justice as it relates to the Mueller Report. Special Counsel Robert Mueller submitted his report to the Attorney General, who then released a redacted version to Congress and the public. However, Congress has a right to see the entire, unredacted report and the underlying grand jury materials. This is because Congress has a critical oversight responsibility to ensure transparency and accountability in the administration of justice.
There are several avenues for Congress to obtain the full Mueller Report. One option is to go directly to the district court judge who impanelled the Mueller grand jury and request the release of the grand jury materials. Another option is to subpoena Mueller himself, although the Attorney General could potentially block this under special counsel regulations.
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Congress' oversight responsibilities
Congressional oversight is the process by which the United States Congress reviews, monitors, and supervises federal agencies, programs, activities, and policy implementation. It is an implied power of Congress derived from the Constitution, public laws, and House and Senate rules. The Constitution grants Congress the authority to appropriate funds, enact laws, raise and support armies, provide for a Navy, declare war, and impeach and remove from office the president, vice president, and other civil officers.
Congressional oversight is an essential part of the American system of checks and balances, ensuring that the executive branch and federal agencies are accountable to the legislative branch. It allows Congress to assess whether programs are being administered effectively, whether officials are complying with the law, and whether legislative intent is being achieved.
Congressional oversight takes place through various mechanisms, including authorization, appropriations, investigative, and legislative hearings by standing committees, specialized investigations by select committees, and reviews and studies by congressional support agencies and staff. The Legislative Reorganization Act of 1946 explicitly called for "legislative oversight," directing House and Senate standing committees to exercise continuous watchfulness over programs and agencies under their jurisdiction.
In the context of the Mueller Report, Congress faced challenges in obtaining the full, unredacted report and underlying grand jury materials. While Congress has a responsibility to conduct oversight and has various avenues to obtain information, the Justice Department and the Attorney General have the authority to withhold certain information, such as grand jury materials, based on specific regulations and policies.
Congress has taken steps to access the Mueller Report, including subpoenaing Mueller himself, requesting information from the Attorney General, and considering legal options to unseal protected information. The ability to review the Mueller Report falls within Congress's oversight responsibilities, as it involves examining the actions of the executive branch and ensuring accountability.
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Congress' right to see Mueller's full report on obstruction
The Mueller Report, submitted by Special Counsel Robert Mueller, contains several redactions and omissions, including a full sentence that indicated there was knowing and complicit behavior between the Trump campaign and Russians. This sentence may constitute a conspiracy.
Mueller has indicated that he would have nothing to say that wasn't already in the report, and that if they had confidence that the president did not commit a crime, they would have stated so. However, they did not determine whether the president did or did not commit a crime.
There are several reasons why Congress has the right to see Mueller's full report on obstruction. Firstly, Congress has a responsibility, rooted in the Constitution, to safeguard the integrity of the justice system and prevent obstruction of justice. This includes the power to impeach, which is exclusively within Congress' abilities and responsibilities. If Congress were unable to see the report, the president would effectively be above the law while in office. Secondly, the Mueller Report contains details of Russian attacks on the U.S. election system and President Trump's misconduct, including attempts to thwart the Department of Justice's investigation into these attacks.
There are several ways in which Congress can obtain the redacted portions of the report, as well as the underlying grand jury materials. Congress can go directly to the district court judge who impaneled the Mueller grand jury and request that the judge release the grand jury materials. Congress could also use its own subpoena powers to reproduce Mueller's investigation and collect all the evidence itself, although this would result in significant delays.
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Frequently asked questions
The Constitution gives Congress the power to impeach, and legal experts have argued that Congress has a right to see the Mueller Report in order to determine if impeachment is warranted.
The Mueller Report is the final report of Special Counsel Robert Mueller's investigation into Russian interference in the 2016 election and links to the campaign of Donald Trump.
The Mueller Report contained several disturbing conclusions about Russian attacks on the U.S. election system and President Trump's misconduct. Mueller's report left many unanswered questions, such as whether the secret contacts between Trump associates and Russians constituted "a third avenue of attempted Russian interference with or influence on the 2016 presidential election".
Parts of the Mueller Report were released to Congress and the public, but the publicly released version contained significant redactions. Congress has several avenues to obtain the full, unredacted report, including going directly to the district court judge who impaneled the Mueller grand jury and requesting the judge to release it.
