Tag Archives: redactions

Redactions of Mueller Report Must Be Coded

Anyone with experience in redacted documents knows that every document tells a story, or at least part of one. A skilled redactor working, for example, to assert attorney-client privilege can render the story told by a document meaningless and destroy its role in piecing together the larger story.

As the day for release of the redacted version of Mueller’s report draws nearer, the relevant Congressional committees should make clear that merely blacking out sections of the report will not be accepted. If there are legitimate reasons for redactions, they should be coded with a legend that makes clear the basis for each and every redaction. The known candidates appear to be: (1) grand jury material required by law to remain undisclosed, (2) material that might reveal counter-intelligence content or methods that would damage national security, and (3) executive privilege asserted by the president.

Deciphering a document involving so many possible redaction rights will be next to impossible unless each is specifically supported by one of those three considerations. And each redaction must be limited strictly to what is absolutely required by the relevant privilege. If, for example, a statement is sourced to an intelligence branch but the statement itself is not sensitive, then the statement should not be redacted; only the source of the statement may be redacted.

The need for this approach is particularly acute in the case of the Mueller report because we know that the Attorney General is disposed to protect Trump at virtually any cost. We also have reason for suspicion because of reports that members of the Mueller investigative team have expressed concerns that the AG’s “summary” of the report did not properly convey the content of evidence related to, among other things, collusion with Russia. The White House has, typically, flip flopped like a fish on the dock as to whether it accepted that the Mueller report should be publicly disclosed. Trump would be more than happy with disclosure if he were as sure as he claims that the report exonerates him. Finally, the matter at hand involves the some of the most serious of possible misconduct by the nation’s chief executive, including possible grounds for impeachment.

For all those reasons at least, the coding of all redactions is essential to preserving the public’s right to know as much as possible about whether the president of the United States colluded with Russia to win the 2016 election and the evidence indicating that he obstructed justice in multiple public and still undisclosed actions.