WASHINGTON — Democrats are split on whether President Joe Biden should use his authority and presidential immunity to release special counsel Jack Smith's report on his cases involving President-elect Donald Trump.
The Supreme Court ruled over the summer that Trump enjoys full immunity for presidential acts. Smith filed a two-volume report addressing the 2020 election case and the classified documents theft case. Attorney General Merrick Garland indicated he would release the election case report, but given that two defendants were still headed to trial, the second volume would be held back.
Legal experts Norman Ornstein and Elie Mystal pointed out the immunity factor to Biden if he wanted to release the report.
Raw Story spoke to newly elected House Oversight Committee ranking member, Rep. Gerry Connolly (D-VA), about whether Biden should act.
He emphatically agreed.
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"Yes! I think the public has the right to know," he began. "We spent a lot of tax dollars and why hush that up? I don't think we need to be delicate. The guy that is replacing him isn't delicate."
When asked about testing the bounds of presidential immunity, Connolly said Biden should "absolutely" do it because "the Supreme Court gave him the same immunity it gave Trump. So, go for it!"
Sen. Peter Welch (D-VT) said that he's not clear who has authority over the report and is inclined not to interfere in the judiciary.
"But my preference is to release it," he continued.
The Jan. 6 and 2020 election case is part of American history, he said.
"This is our country. What happened, who did what, when, where, why and how — there's been an enormous effort to document and let people see it and we can debate whether we agree or not," Welch closed.
Sen. Tim Kaine (D-VA), who serves on the Senate Intelligence Committee, said the report should be released, though he doesn't know the "rules or power." He called it "more important for the American public to see it because the American public should understand what the behavior was."
Rep. Mark Pocan (D-WI) told Raw Story that "the days are running out to do things," agreeing Biden should release the report.
"This is something that the public has the right to information," he continued. "Transparency should be at the core of everything we do in government."
He then compared it to the House Ethics Committee report on former Rep. Matt Gaetz (R-FL).
Raw Story noted Republicans were at work trying to keep it from being shared with the public. Pocan replied, "Jeez, what does that tell you?"
Sen. Brian Schatz (D-HI) confessed he doesn't know what the law says about such issues and couldn't give any thoughts on it without that.
Sen. Ron Wyden (D-OR) told Raw Story that the conversation about the report and whether it should be released is much longer than he had time for.