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But long before things reach that point, Mueller knows how to write a document that will be peculiarly resistant to suppression by an administration that wants to suppress it if he has concerns on that score. It actually isn’t hard to do this. I know how to do it, and I don’t have a team of experts on the subject working for me.

There are really only a few plausible bases on which the Justice Department might decline to make the Mueller Report public. The document will likely contain some classified material. It will likely contain some grand jury material, which is protected from public disclosure under Rule 6(e) of the Federal Rules of Criminal Procedure. It will probably contain some material plausibly protected by executive privilege. And it might contain information whose public disclosure would raise legitimate privacy concerns. Note that none of these concerns requires the suppression of the whole document; they all affect individual items of evidence or passages within it.

Nothing prevents Mueller from anticipating these concerns and writing an executive summary that contains no classified information, no grand jury information, no executive confidentialities and no material unduly invasive of the privacy of innocent parties. Such a summary might have to be spare, but it could certainly summarize all of Mueller’s major conclusions as to the president’s conduct. This would produce a document that would be hard to suppress even by an administration keen to do so. He could also write a table of contents that is itself telling to give readers a sense of the broader findings. (Depending on how much sensitive material there is, Mueller could even endeavor to write the body of the report itself in a fashion carefully scrubbed of all such information, relegating that material to appendices. I suspect, though I don’t know, that this would be difficult given the elements of the investigation that concern issues of counterintelligence and executive branch management.)

Particularly if Congress knew that Mueller had proceeded in this fashion, it could speedily obtain the summary of his conclusions and then, if the executive branch proved unwilling to turn over the other material, use it as a “road map”—so to speak—to both litigation and also to conducting its own investigative hearings.
 
The President confirmed on Thursday that he will likely potentially certainly improbably possibly doubtfully absolutely declare a national emergency. For sure, maybe.

 
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