It happened that the 1978 statute expired in 1999, just a year after the impeachment and so it followed that the procedures for a special prosecution were changed accordingly. In place of the old statute, the Department of Justice enacted internal
regulations for a Special Counsel's work. Those regulations included giving the Attorney General more power to decide how much of the final report of the investigation would be released to the public, if anything. The section regarding the release of the Special Counsel report
says, "At the conclusion of the Special Counsel's work, he or she shall provide the Attorney General with a confidential report explaining the prosecution or declination decisions reached by the Special Counsel." Another section says 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."
Not included was a statute requiring Special Counsel investigations to be
disclosed to Congress or the public. In a March 2019
memo summarizing the current regulations, the Congressional Research Service linked that omission, and the new "
approach in limiting the release of the Special Counsel's report" to the "detail and scope" of the Starr report.
---
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.
---
Federal Rule of Criminal Procedure 6(e)
generally provides that grand jury proceedings be kept secret, with a few exceptions allowing a judge to grant a court order to release them.
"In case someone shows me a provision in 6(e) that permits its release, Congress doesn't get 6(e)," Barr said.
A judge can disclose a grand jury matter to a government attorney for use in performing their duties, such as running an ongoing investigation, or to government personnel in order to enforce federal criminal laws.
A judge can also disclose grand jury information to federal, state or other officials when there is a threat from a hostile foreign power, terrorism or intelligence service in order to prevent or respond to the activities.
---
Barr is allowing the report to be viewed by representative of Congress but nobody has signed up to do so. Aren't there competing interests here? Isn't that a compromise?