Appeals court orders release of secret memo Barr ‘used to undercut the Mueller report’

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A federal appeals court on Friday ordered the release of a 2019 memorandum about whether then-President Donald Trump obstructed Special Counsel Robert Mueller’s investigation into Russian interference in the 2016 presidential election.

Citizens for Responsibility and Ethics in Washington (CREW)—the watchdog fighting to reveal the U.S. Department of Justice (DOJ) memo prepared for then-Attorney General Bill Barr—celebrated the ruling as a win.

“Attorney General Barr cited this memo as a reason not to charge President Trump with obstruction of justice,” said CREW spokesperson Jordan Libowitz in a statement. “The American people deserve to know what it says. Now they will.”

The unanimous ruling from three judges of the U.S. Court of Appeals for the District of Columbia Circuit affirmed a lower court’s opinion about the DOJ Office of Legal Counsel memo—a redacted version of which was made public last year.

D.C. Circuit Chief Judge Sri Srinivasan, joined by Judges Judith Rogers and David Tatel, outlined how the DOJ tried to conceal most of the memo “based on the deliberative process privilege, which protects records documenting an agency’s internal deliberations en route to a governmental decision,” but the lower court judge, Amy Berman Jackson, rejected that argument.

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