Lowering The Barr, Con't

In an unprecedented situation, a federal judge has ordered a review of Attorney General Bill Barr's redactions of the Mueller Report, because he doesn't trust Barr to be impartial at all.

A federal judge in Washington sharply criticized Attorney General William P. Barr on Thursday for a “lack of candor,” questioning the truthfulness of the nation’s top law enforcement official in his handling of last year’s report by special counsel Robert S. Mueller III.

U.S. District Judge Reggie Walton, overseeing a lawsuit brought by EPIC, a watchdog group, and BuzzFeed News, said he saw serious discrepancies between Barr’s public statements about Mueller’s findings and the public, partially redacted version of that report detailing the special counsel’s investigation of Russian interference in the 2016 election.

Because of those discrepancies, Walton ruled, the judge would conduct an independent review of Mueller’s full report to see whether the Justice Department’s redactions were appropriate.

“In the Court’s view, Attorney General Barr’s representation that the Mueller Report would be ‘subject only to those redactions required by law or by compelling law enforcement, national security, or personal privacy interests’ cannot be credited without the Court’s independent verification in light of Attorney General Barr’s conduct and misleading public statements about the findings in the Mueller Report,” Walton wrote.

A spokeswoman for Barr declined to comment on the ruling.

Walton rips into Barr in his opinion, all but saying that Barr's redactions are covering for Donald Trump's misdeeds.  Marcy Wheeler explains that Walton has long since tired of Trump's antics:

Before the Trump Administration started really politicizing justice, Reggie Walton had already proven himself willing to stand up to the Executive Branch. During the George W Bush Administration, he presided over the Scooter Libby trial, never shirking from attacks from the defendant. And in the first year of the Obama Administration, as presiding FISA Judge, he shut down parts of the phone dragnet and the entire Internet dragnet because they were so far out of compliance with court orders.

And Walton had already showed his impatience with Trump’s stunts, most notably when presiding over a FOIA for materials related to the firing of Andrew McCabe. He finally forced DOJ to give the former Deputy FBI Director a prosecution declination so he could proceed with the FOIA lawsuit.

So it’s unsurprising he’s unpersuaded by DOJ’s request to dismiss the EPIC/BuzzFeed lawsuits over their FOIAs to liberate the Mueller Report, and has ordered DOJ to provide him a copy of the Report before the end of the month to do an in camera review of redactions in it.

What does this mean going forward in Wheeler's view?

Walton doesn’t say it explicitly, but he seems to believe what the unredacted portions of the report show amount to “collusion,” the kind of collusion Trump would want to and did (and still is) covering up.

Be warned, however, that this review is not going to lead to big revelations in the short term.

There are several reasons for that. Many of the most substantive redactions pertain to the Internet Research Agency and Roger Stone cases. Gags remain on both. While Walton is not an Article II pushover, he does take national security claims very seriously, and so should be expected to defer to DOJ’s judgments about those redactions.

Where this ruling may matter, though, is in four areas:

• DOJ hid the circumstances of how both Trump and Don Jr managed to avoid testifying under a grand jury redaction. Walton may judge that these discussions were not truly grand jury materials.
• DOJ is currently hiding details of people — like KT McFarland — who lied, but then cleaned up their story (Sam Clovis is another person this may be true of). There’s no reason someone as senior as McFarland should have her lies protected. All the more so, because DOJ is withholding some of the 302s that show her lies. So Walton may release some of this information.
• Because Walton will have already read the Stone material — that part that most implicates Trump — by the time Judge Amy Berman Jackson releases the gag in that case, he will have a view on what would still need to be redacted. That may mean more of it will be released quickly than otherwise might happen.
• In very short order, the two sides in this case will start arguing over DOJ’s withholding of 302s under very aggressive b5 claims. These claims, unlike most of the redactions in the Mueller Report, are substantively bogus and in many ways serve to cover up the details of Trump’s activities. While this won’t happen in the near term, I expect this ruling will serve as the basis for a similar in camera review on 302s down the road.

In other words, the judicial is doing its job.  Those wheels keep turning, slowly, towards November.