Special counsel Robert Mueller's final report will be made public, attorney Neal Katyal explained on Wednesday.
Katyal served as acting Solicitor General during the Obama administration. In a previous Department of Justice role, Katyal drafted the DOJ's rules governing special counsel investigations.
He explained how the regulations were written with "a safeguard to prevent a cover-up" that could stymie Trump's hope for a get-out-of-jail-free card.
"Bottom line: the President can try to hide the Mueller Report," Katyal concluded. "He will lose to the public’s right to know."
Read the full thread:
THREAD ON WHETHER MUELLER REPORT WILL BE PUBLIC, AND @washingtonpost STORY ABOUT TRUMP HIRING MANY NEW LAWYERS TO A… https://t.co/rLpBAPOwWR— Neal Katyal (@Neal Katyal) 1547090930.0
1.The special counsel rules, which I drafted at DOJ 20 years ago, contemplate 2 kinds of reports. One is a report f… https://t.co/0xEq9Dasgt— Neal Katyal (@Neal Katyal) 1547091018.0
2. That document is to be confidential. But there is a second, separate reporting requirement, which forces the AG… https://t.co/yZraxcVhnI— Neal Katyal (@Neal Katyal) 1547091038.0
3. ... a description and explanation of instances (if any) in which the AG concluded that a proposed action by a Sp… https://t.co/k863Q68Gzi— Neal Katyal (@Neal Katyal) 1547091072.0
4.That report must explain why the investigation has concluded, and any instance in which the AG overruled the Spec… https://t.co/eWmzs5PYcC— Neal Katyal (@Neal Katyal) 1547091096.0
5.Notably, we wrote the circumstances for an AG to overrule a Special Counsel very tightly—it has to violate “estab… https://t.co/SCZoaTmmZU— Neal Katyal (@Neal Katyal) 1547091110.0
6. So, to take one hypothetical example, generic DOJ opinions about whether a sitting President could be indicted d… https://t.co/97JgWldZl3— Neal Katyal (@Neal Katyal) 1547091150.0
7.There is no DOJ established practice that says if a Presidential candidate cheats enough and wins the Presidency,… https://t.co/LrPZJH17oK— Neal Katyal (@Neal Katyal) 1547091164.0
8.There is one other important aspect to the regulations. If a Special Counsel is worried that the AG may cover som… https://t.co/tsbky2JaRR— Neal Katyal (@Neal Katyal) 1547091179.0
9.Because they require a mandatory report to Congress about any instance of the AG overruling a Special Counsel, th… https://t.co/NCt0Av9lWL— Neal Katyal (@Neal Katyal) 1547091219.0
10. It is a safeguard to prevent a cover-up, it creates a mandatory report to a separate and coequal branch of govt… https://t.co/eoRushCG3J— Neal Katyal (@Neal Katyal) 1547091280.0
11. Now the President can try to claim executive privilege. Nixon tried that, it didn’t turn out so well. He got cr… https://t.co/Um4PJBIMEu— Neal Katyal (@Neal Katyal) 1547091355.0
12.And here, there is another problem: Trump’s legal team has been saying they don’t think a sitting President can be indicted.— Neal Katyal (@Neal Katyal) 1547091370.0
13. Leaving aside the point above in (6) and (7), the only way that claim makes any sense is if the President must… https://t.co/LJx2SMNKwm— Neal Katyal (@Neal Katyal) 1547091404.0
14. So if the President asserts the view he can’t be indicted, he has to allow the turnover of all investigative ma… https://t.co/RZTGN54jcL— Neal Katyal (@Neal Katyal) 1547091419.0
15.This point is fleshed out in my NYT op-ed below. The key point is that even if you think Trump won't be indicted… https://t.co/eFzlKHXy8w— Neal Katyal (@Neal Katyal) 1547091540.0
16. Bottom line: the President can try to hide the Mueller Report. He will lose to the public’s right to know.— Neal Katyal (@Neal Katyal) 1547091561.0