Congress could get the unredacted Mueller report -- here's how
Former FBI Director Robert Mueller said cyber security will be the number one future threat in the country, but for the time being, "counterterrorism and stopping terrorist attacks" is more important. (Photo: Kit Fox/Medill Flickr)

On Tuesday, Washington Post columnist Harry Litman explained how Democrats could obtain an unredacted report from special counsel Robert Mueller.


The highly anticipated report is expected to be released to the public on Thursday. Attorney General Bill Barr will give a redacted version of the nearly 400-page report to Congress. However, it's still unclear how much information will be redacted.

There will be, "redactions of grand jury information (and other categories of information) that will leave innumerable gaps in our understanding of what Mueller uncovered," Litman said.

He added, "Many commentators have suggested that Congress’s only mechanism for securing an unredacted report is to launch a formal impeachment inquiry — a blind step forward with great political risks for congressional Democrats and the party overall."

He then explained that because of the political reasons Democrats might not want to take the risk.

"And while it may seem anomalous, several courts have held — and the D.C. Circuit in McKeever expressly affirmed — that “judicial proceeding” within the meaning of the rule encompasses an impeachment inquiry by Congress," he said.

He added, "It suggested that the House would be entitled to all the materials — unredacted — only if it first launched a formal impeachment inquiry. And because the Democratic leadership seems loath, for political reasons, to take that step, the prospects for proceeding under that exception — the only known avenue for procuring the unredacted report — looked stalemated."

"But that’s not correct. In fact, Congress has immediate recourse to seek the unredacted report pursuant to the ”judicial proceeding” exception, without having to initiate an impeachment inquiry."

Read the full report here.