[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 24 Introduced in House (IH)]

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116th CONGRESS
  1st Session
H. CON. RES. 24

  Expressing the sense of Congress that the report of Special Counsel 
    Mueller should be made available to the public and to Congress.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 7, 2019

  Mr. Nadler (for himself, Ms. Waters, Mr. Schiff, Mr. Cummings, Mr. 
  Engel, and Mr. Neal) submitted the following concurrent resolution; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
  Expressing the sense of Congress that the report of Special Counsel 
    Mueller should be made available to the public and to Congress.

Whereas, on January 6, 2017, the Office of the Director of National Intelligence 
        released a report concluding that ``Russian President Vladimir Putin 
        ordered an influence campaign in 2016 aimed at the US presidential 
        election'', that the goal of this campaign was ``to undermine public 
        faith in the US democratic process'', and that ``Putin and the Russian 
        Government developed a clear preference for President-elect Trump'';
Whereas, on March 20, 2017, the Director of the Federal Bureau of Investigation 
        (FBI) testified that he was authorized by the Department of Justice to 
        confirm that the FBI is investigating whether ``there was any 
        coordination'' between individuals associated with the Trump 
        presidential campaign and the Russian Government;
Whereas part 600 of title 28, Code of Federal Regulations, as in effect on March 
        7, 2019 (in this resolution referred to as ``Special Counsel 
        Regulations''), provides for the appointment of a Special Counsel when 
        the Attorney General or Acting Attorney General ``determines that 
        criminal investigation of a person or matter is warranted and--(a) That 
        investigation . . . by a United States Attorney's Office or litigating 
        Division of the Department of Justice would present a conflict of 
        interest for the Department or other extraordinary circumstances; and 
        (b) That under the circumstances, it would be in the public interest to 
        appoint an outside Special Counsel to assume responsibility for the 
        matter'';
Whereas the Special Counsel Regulations call for any individual named as Special 
        Counsel to be a ``lawyer with a reputation for integrity and impartial 
        decision making and with appropriate experience to ensure that both the 
        investigation will be conducted ably, expeditiously and thoroughly, and 
        that investigative and prosecutorial decisions will be supported by an 
        informed understanding of the criminal law and Department of Justice 
        policies'';
Whereas, on May 17, 2017, the Acting Attorney General appointed former FBI 
        Director Robert S. Mueller III to serve as Special Counsel ``to ensure a 
        full and thorough investigation of the Russian government's efforts to 
        interfere in the 2016 presidential election'', including an examination 
        of ``any links and/or coordination between the Russian government and 
        individuals associated with the campaign of President Donald Trump'', 
        ``any matters that arose or may arise directly from the investigation'', 
        and ``any other matters within the scope of 28 C.F.R. 600.4(a)'';
Whereas the Acting Attorney General explained that he had appointed Special 
        Counsel Mueller because he ``determined that it is in the public 
        interest . . . to . . . appoint a Special Counsel to assume 
        responsibility for this matter . . . based upon the unique 
        circumstances, the public interest requires [him] to place this 
        investigation under the authority of a person who exercises a degree of 
        independence from the normal chain of command . . . [and that] a Special 
        Counsel is necessary in order for the American people to have full 
        confidence in the outcome. Our nation is grounded on the rule of law, 
        and the public must be assured that government officials administer the 
        law fairly'';
Whereas Special Counsel Mueller has previously served in the Department of 
        Justice as a prosecutor, United States Attorney, and Director of the FBI 
        under both Republican and Democratic administrations, and his selection 
        as the Special Counsel elicited bipartisan praise recognizing his 
        reputation for competence, fairness, and nonpartisanship;
Whereas the Special Counsel's investigation has thus far resulted in the public 
        indictment of 34 individuals and 3 companies, 7 guilty pleas, and 1 
        conviction following a jury trial;
Whereas the Special Counsel Regulations provide that ``[a]t the conclusion of 
        the Special Counsel's work, he or she shall provide the Attorney General 
        with a confidential report explaining the prosecution or declination 
        decisions reached by the Special Counsel'';
Whereas, on January 15, 2019, at his confirmation hearing before the Senate 
        Committee on the Judiciary, Attorney General William Barr testified ``I 
        . . . believe it is very important that the public and Congress be 
        informed of the results of the special counsel's work. For that reason, 
        my goal will be to provide as much transparency as I can consistent with 
        the law'';
Whereas, on February 22, 2019, the chairs of six committees of the House of 
        Representatives wrote to Attorney General Barr to inform him of their 
        expectation that he will make Special Counsel Mueller's report public 
        ``to the maximum extent permitted by law'';
Whereas transparency is consistent with the overall purpose and intent of the 
        Special Counsel Regulations and the accompanying Department of Justice 
        commentary, which notes the importance of ``ensur[ing] congressional and 
        public confidence in the integrity of the process'';
Whereas the need for transparency is most pronounced with regard to 
        investigations that involve the President or individuals associated with 
        his campaign as the President is responsible for the appointment of the 
        senior leadership of the Department of Justice;
Whereas the Department of Justice's United States Attorney's Manual indicates 
        that in public filings and proceedings, prosecutors ``should remain 
        sensitive to the privacy and reputation interests of uncharged third-
        parties'', that is, of persons who the Department considers may be, but 
        are not yet criminally charged;
Whereas this general nonstatutory policy of sensitivity to the ``interests of 
        uncharged third-parties'' should be inapplicable to a sitting President 
        because the Department of Justice's Office of Legal Counsel has 
        previously written that ``a sitting President is constitutionally immune 
        from indictment and criminal prosecution'';
Whereas the Department of Justice has on numerous recent occasions provided 
        investigatory information to Congress and the public concerning 
        investigations of high-level public officials in both pending and closed 
        cases;
Whereas in the only other instance where a Special Counsel was appointed under 
        the Special Counsel Regulations (in 1999, concerning the 1993 
        confrontation in Waco, Texas), both the interim and final reports 
        provided by the Special Counsel were released to the public by the 
        Attorney General; and
Whereas the allegations at the center of Special Counsel Mueller's investigation 
        strike at the core of our democracy, and there is an overwhelming public 
        interest in releasing the Special Counsel's report to ensure public 
        confidence in both the process and the result of the investigation: Now, 
        therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That Congress--
            (1) calls for the public release of any report Special 
        Counsel Mueller provides to the Attorney General, except to the 
        extent the public disclosure of any portion thereof is 
        expressly prohibited by law; and
            (2) calls for the full release to Congress of any report 
        Special Counsel Mueller provides to the Attorney General.
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