I THINK THIS IS TELLING US DURHAM IS ALSO LOOKING INTO ELECTION INTERFERENCE.
Otherwise, this letter makes no sense.
He says he is tolling the notification provisions in 28 CFR Chapter VI, of 600.9(a)(1), pursuant to the investigative and privacy provisions in 600.9 (b) until "at least after the Nov. 3 election." But 9(a)(1) is a notification "upon appointing a Special Counsel" and the first page of his letter says the Special Counsel was appointed in May, 2019. The letter "tolling" notification is dated October 19, 2020.
So was he saying he was appointing the Special Counsel to look into something in addition to what he was looking into per the prior appointment? And could that extra something be election interference, given the need to toll the report regarding the nature of the appointment until after Nov. 3?
Haven't had a full cup of coffee yet so please let me know if I am making any sense. Below is full text of Section 600.9.
§ 600.9 - Notification and reports by the Attorney General. (a) The Attorney General will notify the Chairman and Ranking Minority Member of the Judiciary Committees of each House of Congress, with an explanation for each action -
(1) Upon appointing a Special Counsel;
(2) Upon removing any Special Counsel; and
(3) Upon conclusion of the Special Counsels investigation, including, to the extent consistent with applicable law, a description and explanation of instances (if any) in which the Attorney General concluded that a proposed action by a Special Counsel was so inappropriate or unwarranted under established Departmental practices that it should not be pursued.
(b) The notification requirement in paragraph (a)(1) of this section may be tolled by the Attorney General upon a finding that legitimate investigative or privacy concerns require confidentiality. At such time as confidentiality is no longer needed, the notification will be provided.
(c) The Attorney General may determine that public release of these reports would be in the public interest, to the extent that release would comply with applicable legal restrictions. All other releases of information by any Department of Justice employee, including the Special Counsel and staff, concerning matters handled by Special Counsels shall be governed by the generally applicable Departmental guidelines concerning public comment with respect to any criminal investigation, and relevant law.
I THINK THIS IS TELLING US DURHAM IS ALSO LOOKING INTO ELECTION INTERFERENCE.
Otherwise, this letter makes no sense.
He says he is tolling the notification provisions in 28 CFR Chapter VI, of 600.9(a)(1), pursuant to the investigative and privacy provisions in 600.9 (b) until "at least after the Nov. 3 election." But 9(a)(1) is a notification "upon appointing a Special Counsel" and the first page of his letter says the Special Counsel was appointed in May, 2019. The letter "tolling" notification is dated October 19, 2020.
So was he saying he was appointing the Special Counsel to look into something in addition to what he was looking into per the prior appointment? And could that extra something be election interference, given the need to toll the report regarding the nature of the appointment until after Nov. 3?
Haven't had a full cup of coffee yet so please let me know if I am making any sense. Below is full text of Section 600.9.
§ 600.9 - Notification and reports by the Attorney General. (a) The Attorney General will notify the Chairman and Ranking Minority Member of the Judiciary Committees of each House of Congress, with an explanation for each action -
(1) Upon appointing a Special Counsel;
(2) Upon removing any Special Counsel; and
(3) Upon conclusion of the Special Counsels investigation, including, to the extent consistent with applicable law, a description and explanation of instances (if any) in which the Attorney General concluded that a proposed action by a Special Counsel was so inappropriate or unwarranted under established Departmental practices that it should not be pursued.
(b) The notification requirement in paragraph (a)(1) of this section may be tolled by the Attorney General upon a finding that legitimate investigative or privacy concerns require confidentiality. At such time as confidentiality is no longer needed, the notification will be provided.
(c) The Attorney General may determine that public release of these reports would be in the public interest, to the extent that release would comply with applicable legal restrictions. All other releases of information by any Department of Justice employee, including the Special Counsel and staff, concerning matters handled by Special Counsels shall be governed by the generally applicable Departmental guidelines concerning public comment with respect to any criminal investigation, and relevant law.
I THINK THIS IS TELLING US DURHAM IS ALSO LOOKING INTO ELECTION INTERFERENCE.
Otherwise, this letter makes no sense. The first page references Barr's authority as AG coming from 28 CFR 509, 510, and 515. But those sections either don't exist or are not publicly available. See link below, and note the missing sections.
https://www.govregs.com/regulations/title28_chapterV
When regs skip like that, they will usually say either "Reserved" or otherwise indicate that the missing regs have been withdrawn or were overruled as unconstitutional, etc. Interesting that the Title of 28 USC Chapter V is "Bureau of Prisons, Department of Justice." What authority is Barr referring to here and why aren't the regulations he cites publicly available?
Then he says he is tolling the notification provisions in 28 CFR Chapter VI, of 600.9(a)(1), pursuant to the investigative and privacy provisions in 600.9 (b) until "at least after the Nov. 3 election." But 9(a)(1) is a notification "upon appointing a Special Counsel" and the first page of his letter says the Special Counsel was appointed in May, 2019. The letter "tolling" notification is dated October 19, 2020.
So was he saying he was appointing the Special Counsel to look into something in addition to what he was looking into per the prior appointment? And could that extra something be election interference, given the need to toll the report regarding the nature of the appointment until after Nov. 3?
Haven't had a full cup of coffee yet so please let me know if I am making any sense. Below is full text of Section 600.9.
§ 600.9 - Notification and reports by the Attorney General. (a) The Attorney General will notify the Chairman and Ranking Minority Member of the Judiciary Committees of each House of Congress, with an explanation for each action -
(1) Upon appointing a Special Counsel;
(2) Upon removing any Special Counsel; and
(3) Upon conclusion of the Special Counsels investigation, including, to the extent consistent with applicable law, a description and explanation of instances (if any) in which the Attorney General concluded that a proposed action by a Special Counsel was so inappropriate or unwarranted under established Departmental practices that it should not be pursued.
(b) The notification requirement in paragraph (a)(1) of this section may be tolled by the Attorney General upon a finding that legitimate investigative or privacy concerns require confidentiality. At such time as confidentiality is no longer needed, the notification will be provided.
(c) The Attorney General may determine that public release of these reports would be in the public interest, to the extent that release would comply with applicable legal restrictions. All other releases of information by any Department of Justice employee, including the Special Counsel and staff, concerning matters handled by Special Counsels shall be governed by the generally applicable Departmental guidelines concerning public comment with respect to any criminal investigation, and relevant law.