Biden DOJ Seeks To Keep Parts Of Key Mueller Probe Memo Away From Public View | Talking Points Memo

The Biden administration has sought to appeal the blistering ruling from a judge ordering that the Justice Department release a controversial internal memo related to Special Counsel Robert Mueller’s probe.


This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1375276

Keeping their cards close to their chest I’m guessing.

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Guessing is all I got, and It ain’t covering.

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I can understand Biden covering for Barr and Trump. Members of the club have to look out for each other.

“lack of condor”

Wasn’t due to widespread use of DDT?

In any case, if the DoJ wants to indict a bunch of people and put them on trial (please please), it will be easier to empanel a jury if the evidence is not sprayed all over the news media.

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On first read, appears to be less here than meets the eye. Disagreements are centered around what can/must be released under FOIA and what is exempt from release-- specifically some pre-decisional, interagency advisory stuff, and attorney-client privileged stuff.

The sort of thing that policy wonks get all excited about, because releasing here would become precedent in other FOIA cases.

IOW, I’m not surprised that DOJ would be taking this stance, not because they’re trying to actively continue covering for trump/barr, but because not appealing this order would have ramifications down the line in future requests.

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U.S. District Judge Amy Berman Jacksonearlier this month accused the Trump-era Justice Department of engaging in “misrepresentation” and “lack of condor” in its arguments for why parts of the memo

Regrettably, it would appear “condor” is an endangered species - both in California and Washington DC.

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well played

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Barr is the slimiest Lawyer I can imagine. That goes a long way in my interpretation of this decision.

He is an individual up there (or down there) with the Giants of Treason, like McConnell and Trump.

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Hopefully, the missing parts will eventually show up when the indictments are released.

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Yes. And the article hints that another justification for walking a fine line here is to protect career DoJ officials who signed on to the various briefs. I don’t have the expertise to ascertain whether those officials are deserving of said protection.

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It was interesting the conversation with O’Donnell and Schiff and O’Donnell and Katyal last night.

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Rudy is horribly insulted by your opinion.

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One possibility is DOJ is investigating Barr and doesn’t want to prematurely show their hand. Another is a misplaced sense of institutional loyalty, despite the destruction Barr did to DOJ.

Which is correct?

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Lots of sausage-making behind the scenes in government. If careerists think that everything they say or write in an opinion is going to be made public and possibly be a WaPo headline, they’re that much more likely to totally self-censor and not offer up anything but the blandest possible thing.

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I just wish we could have more than Three Days of Candor out of D.C.

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rudy hero 2

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I thought precedent was out of fashion, that every dispute is now a case of first impression to be decided on its unique facts and circumstances.

All of them, Katie.

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“[I]t is not unusual, particularly in a matter being handled in expedited fashion, for a recommendation memorandum to be prepared contemporaneously with the document that carries out the decision,” the Biden administration wrote Monday.

Perhaps it ought to be unusual – unheard of, even – if you want to take advantage of the deliberative process privilege.

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This is spot on. As @emiliano4 mentioned, there was interesting conversation on Lawrence O’Donnell’s show last night.

Full episode

Schiff interview. I really wish they had Neal Katyal’s on there as well

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