Below is my column in The Hill newspaper on a significant potential barrier to the release of the Special Counsel report — once it is given by Robert Mueller to Attorney General Bill Barr. There is a striking contrast between the level of cooperation shown in relation to the Special Counsel investigation versus congressional investigation. In the latter context, the White House instructed witnesses not to answer questions on the basis that privilege might be claimed (an improper practice in my view). This would seem to suggest that the Trump team is treating communications with the Special Counsel as internal Executive Branch disclosures — and thus not a waiver of privilege. If that is the case, Barr could be heading into a world of difficulty. If the White House invokes, the Justice Department has traditionally defended those claims of executive privilege in court. That could mean a report that is heavily redacted. Unlike classified material which can be given to Congress under seal, grand jury information or executive privileged information cannot be given to Congress absent a court order or waiver, respectively.

This weekend Trump said that he supported the vote of Congress to demand the public release of the report. He told his followers that he told members to vote for the resolution and “Play along with the game!” It is not clear what that game is given the blocking of vote in the Senate by Lindsey Graham. Moreover, it does not state that Trump will waive all executive privilege as discussed in this earlier column.

Here is the column: