April 19, 2019 / by emptywheel

 

The Trump Men and the Grand Jury Redactions

Much of the discussion over the Mueller Report in the last day has centered on two questions: Why didn’t Mueller force both Donald Trumps to testify?

That discussion, however, has largely not taken notice of two redactions of grand jury materials. The first comes on page 117, at the beginning of the discussion of the June 9 meeting. After saying that the office had spoken with every participant of the meeting save Natalia Veselnitskaya and Don Jr, it explains that the President’s son would not testify voluntarily, which is followed by a grand jury redaction.

Update: Here’s a second instance where discussion of Jr’s testimony is redacted for grand jury reasons.

One likely explanation for these redactions is that they explain the Special Counsel’s consideration of subpoenaing the failson to appear before the grand jury. They might say, for example, that the grand jury did subpoena him, but that he invoked the Fifth. They might say they considered it but decided not to upon being told that he would invoke the Fifth.

The report does say (page 5 of Volume I) that some people invoked the Fifth but weren’t given immunity.

Some individuals invoked their Fifth Amendment right against compelled self-incrimination and were not, in the Office’s judgment, appropriate candidates for grants of immunity.

There’s one other possible explanation for the redaction: It might say they decided against subpoenaing him since he was a target of the investigation (and given the very narrow statements about findings of criminal conspiracy, it’s possible his later conduct is still under investigation).

The second redaction comes on page 13 of the obstruction volume, in the discussion of attempts to get the President to provide testimony. After stating that the Special Counsel tried to get Trump to sit for a voluntary interview, only to have Trump stall for more than a year, there’s a redacted sentence or two.

The discussion explaining that the office had the authority and legal justification to call the President is not redacted. That suggests the redacted line must pertain to something actually involving the grand jury itself — perhaps a characterization of the discussion with the grand jurors about the issue or maybe even something noting that the grand jurors did want to subpoena the President.

Update: Here’s a second instance of a redacted grand jury discussion.

In other words, for both the Trump men, there remains an open question about how they dodged testifying about their actions. These two redactions are two of the things Bill Barr is protecting by refusing to ask Chief Judge Beryl Howell to approve sharing of grand jury material with the House Judiciary Committee, as is constitutionally proper. Given how little grand jury material we’re actually discussing, it is all the more problematic that Barr is hiding these two passages even while claiming — as he did yesterday — that the President fully cooperated with the investigation.

We don’t know why Mueller didn’t call Don Jr to testify, and we don’t know whether the grand jury wanted to force the President to testify.

Those are two questions, however, that House Judiciary Committee is in a constitutionally proper position to demand to know.

As I disclosed last July, I provided information to the FBI on issues related to the Mueller investigation, so I’m going to include disclosure statements on Mueller investigation posts from here on out. I will include the disclosure whether or not the stuff I shared with the FBI pertains to the subject of the post. 

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Originally Posted @ https://www.emptywheel.net/2019/04/19/the-trump-men-and-the-grand-jury-redactions/