The Mueller Report is out and Congress wants to see it---all of it. However, it appears that the Department of Justice is going to take the most conservative position possible on the disclosure of Grand Jury information to keep as much of the report secret as possible. Most people have opined that the only provision that would allow disclosure is Fed. Rule Crim. Proc. 6 (e) (3) “preliminary to a judicial proceeding” and question whether a congressional oversight proceeding or even an impeachment inquiry would qualify as a judicial proceeding. But 6 (e) contains a different disclosure provision that is also pertinent.
Rule 6( e) (3) (D) provides in part: “An attorney for the government may also disclose any grand-jury matter involving, within the United States or elsewhere, a threat of attack or other grave hostile acts of a foreign power or its agent, a threat of domestic or international sabotage or terrorism, or clandestine intelligence gathering activities by an intelligence service or network of a foreign power or by its agent, to any appropriate federal, state, state subdivision, Indian tribal, or foreign government official, for the purpose of preventing or responding to such threat or activities.”
I think this provision clearly authorizes disclosure to Congress. The Mueller inquiry concerned Russian hostile acts; congressional oversight is for the purpose of preventing or responding to the subversion; and clearly Congress are “appropriate federal government official(s)”. In all the talk of grand jury matter in the Mueller report I haven’t heard this provision mentioned. I think it ought to be part of the discussion. I think it applies.
