By Jeff Koopersmith, Editor Emeritus
WASHINGTON DC Sunday, 31 March 2019: Most of us have heard political reporters and commentators tell us that Rule 6 and parts make it illegal to publish certain Grand Jury testimony to protect the participants. (Not really the Jurors themselves although they could be such a revelation at times and that would be protected for certain)
Rule of the Federal rules of evidence which you SHOULD read although sometimes complex. However it is important to know that The Justice Department may be stretching the truth by miles with a pretense that Rule 6 only protects testimony, etc.
Rule 6 is 37 pages long in most texts. It is that long because of 200 years of lawyers lobbying Congress and Administrations who want to allow certain types of testimony to be made public. As you might guess there are some pieces or entire proceedings that should be public and lots of people believe the Mueller Report should be available for anyone to read – especially because, in the case of the Trump Administration (not solely or particularly re Donald Trump) it is “the preponderance of evidence” that shows the truth.
As some of our readers know I have defended Mr. Trump on several occasions, but it is apparent that even if he is a clean as Christ, Mohammed, Buddha, himself or Athena herself, top lawyers familiar with Appeals and the Supreme Court(s), could make interesting arguments in favor of releasing the entire Mueller report with only few redactions that definitely could cause severe injury to the nation or to certain individuals on recorded on tape during the grand jury activity in this and most all matters. Some argue that the world view of the report would be damaging. This is only true if most of the world believed the Administration and those connected in other ways to the White House were clean as a whistle as my great grandfather would say interminably.
The President, his staff, and appointees would also gain in many ways making the full text available. So many individuals – including his family members, friends, allies, and business associates would certainly appreciate Muellers assure and supported by evidence clearance of said. It is no one-way-street to put all the cards on the table before the bets are placed.
I was disappointed with Attorney General Barr’s poor and far to hasty “letter” to the Congress which allowed the President to fib and say he was totally cleared of all that this “Witch Hunt” had hinted to Americans. That was not true. The Attorney General may well believe this, however producing the words he used after submitting a veritable decision based on knowledge he should not have had makes that worse, In fact General Bar’s comments in the document, although leaving at least one door open to misdeeds, seem to me far worse than all the nonsense we have heard from thousands of “sides” on all these issues. The General could not possibly believe that after 37 indictments and several convictions already that something “was not rotten in Denmark” which makes his letter inappropriate at best, and a failure of his office and his responsibilities under law to the American public.
That said, I am fully aware of Robert Barr’s reputation and his solid commitment to serving us all. He could be said, until now, to be unworthy or any criticism by many and they would not be lying I am sure.
So, I present here the full Rule Six as regulation of evidence and law. Make up your own minds – and THE MEDIA in particular should do the same rather than being lazy or not consulting the very few attorneys capable of balanced presentations on this matter.
Read and congratulate yourself on self education so important in this instance. We have not highlighted anything in Rule 6 - It seemed best to allow you to see where certain testimony could be public, not matter what the Justice Department, the White House, or the Congress believe. Let's see how it turns out. Thanks to Cornell for these pages and for educating one of my sons.