Could A 60 Year Old Case Torpedo Mueller’s Report?

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One of the more compelling bits of drama coming out of the Russia, Russia, Russia investigation this summer has been the question of Bob Mueller’s highly anticipated “report” on the findings of the grand jury. Rudy Giuliani has argued that he has to release it by this week or sit on it until after the midterms. (A claim with some basis in reality but not a rule written in stone.) Others have argued that politics shouldn’t set the timetable for anything in terms of upholding the law. But is there even a report? Thus far, Mueller’s been silent on the matter.



Assuming there is, however, there’s a completely separate court case drawing to a close in the next month which could keep any report Mueller generates under wraps. Politico has a fascinating look at a mystery that’s over six decades old and a lawsuit arising from it which could seal the report from the prying eyes of the public and the press.

A little-noticed court case stemming from the apparent murder of a Columbia University professor six decades ago could keep special counsel Robert Mueller from publishing any information about the Trump campaign and Russia that he obtains through a Washington grand jury.

The substance of the case is entirely unrelated to Mueller’s investigation into whether any of President Donald Trump’s associates aided Russia’s efforts to intervene in the 2016 election.

But if a Washington appeals court set to hear the murder-related case next month sides with the Justice Department and rules that judges don’t have the freedom to release grand jury information that is usually kept secret, it could throw a monkey wrench into any plans Mueller has to issue a public report on his probe’s findings, lawyers following the issue said.

And it might even keep the special counsel from sending a report to Congress, shaking Democrats’ hopes that such a document could provide the impetus for impeachment proceedings against the president.

The short version of the mystery is that it began in 1959 when Columbia University professor Jesus Galindez went missing in New York City. His body was never found, but it was reported that he’d been kidnapped, flow to the Dominican Republic and possibly murdered there. An author named Stuart McKeever has been exploring the mystery for the past four decades and he wants the see the findings of a grand jury which looked into the mystery many years ago. (While failing to solve the issue.) But the Justice Department is fighting him in court, saying that the findings of such grand jury proceedings must remain secret except under very specific provisions.

If the Justice Department prevails and keeps that grand jury report under wraps, they can just as easily argue that the findings of Mueller’s grand jury must also remain secret. As Politico details nicely, there used to be a law allowing disclosure of grand jury reports to Congress in the case of special counsel investigations, but that law expired in 1999. The existing rules for appointing a special counsel contain no such provision allowing for a report or the breaking of the secrecy of the grand jury.

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Meanwhile, “unnamed sources” will be leaking carefully selected details to CNN and the New York Times. Absent a full report, the Democrats will be free to just make things up as they go along.

If liberal history has taught us anything, it’s that this is the likely scenario. If there is no report, there will be leaks of information real and fabricated, all to the benefit of Democrats. This “investigation” is not seeking truth or justice; it is seeking to reverse a broken promise of a Hillary Presidency.