Attorney General Barr has told Congress they will not receive an unredacted version of the Mueller report, setting up the biggest constitutional battle between the co-equal branches of government since the battle over the establishment of a central bank. Democrat Nita Lowry of New York, a member of the House Judiciary Committee, asked the hand-picked Attorney General if he will provide Congress the ENTIRE report of the two year investigation into the Russian Connection. Barr responded, "no".
Not surprising to knowledgeable observers that he will refuse to release the ENTIRE report because obviously it will fuel allegations that Individual I obstructed justice; also not surprising given Barr's previously expressed curious interpretation of Article II--the theory of a "unitary executive". Under this constitutional theory Congress has no power to review the actions of the Executive exercising its enumerated power to enforce laws. But this interpretation overlooks the shared responsibility of the branches of government to preserve the integrity of the administration of justice. This shared responsibility can be traced to McColluch v. Maryland (1819), a case which considered Congress' power to establish a national bank. The Supreme Court found that while Congress did not have the explicit power to do so, it could establish a bank as "necessary and proper" to the administration of its enumerated powers. The Court expressed the opinion that Congress could also pass laws necessary and proper for other branches of government such as the effective administration of justice in courts of law. Specifically, the Court pointed out that crimes like “falsifying … a process of the court,” or perjury, were not “conducive to the due administration of justice. This is what obstruction is about--the perversion of justice through malevolent interference.
Doug Collins, the ranking member, excoriated Chairman Nadler for putting Barr in a situation where Barr has to ignore the requirements of federal law to protect privileged information or face mounting allegations of a political cover-up. Collins is wrong about that allegation because it is the dotard occupying 1600 Penn Ave who has created this crisis. Obviously, Don Veto thinks he has a lot to hide. A full and complete examination of the report contents is necessary and proper for the committee to determine if Individual I used his immense power to interfere in a legitimate counter-espionage investigation because it would reveal his criminal activity, or merely reveal embarrassing personal information. Either way the information goes to the essence of the President's Article II responsibilities to 'take care the laws are faithfully executed'. In his letter to the chairman, Collins noted Nadler has the power to subpoena all of the report if impeachment proceedings are initiated. Next stop, the Supreme Court and its conservative majority.