Expressing the sense of Congress that the report of Special Counsel Mueller should be made available to the public and to Congress.

116TH CONGRESS 1ST SESSION H. CON. RES. 24 CONCURRENT RESOLUTION Whereas, on January 6, 2017, the Office of the Director of National Intelligence released a report concluding that ‘‘Russian President Vladimir Putin ordered an influence campaign in 2016 aimed at the US presidential election’’, that the goal of this campaign was ‘‘to undermine public faith in the US democratic process’’ , and that ‘‘Putin 2 •HCON 24 EH and the Russian Government developed a clear preference for President-elect Trump’’; Whereas, on March 20, 2017, the Director of the Federal Bureau of Investigation (FBI) testified that he was au- thorized by the Department of Justice to confirm that the FBI is investigating whether ‘‘there was any coordi- nation’’ between individuals associated with the Trump presidential campaign and the Russian Government; Whereas part 600 of title 28, Code of Federal Regulations, as in effect on March 7, 2019 (in this resolution referred to as ‘‘Special Counsel Regulations’’), provides for the appointment of a Special Counsel when the Attorney General or Acting Attorney General ‘‘determines that criminal investigation of a person or matter is warranted and—(a) That investigation * * * by a United States At- torney’s Office or litigating Division of the Department of Justice would present a conflict of interest for the De- partment or other extraordinary circumstances; and (b) That under the circumstances, it would be in the public interest to appoint an outside Special Counsel to assume responsibility for the matter’’; Whereas the Special Counsel Regulations call for any indi- vidual named as Special Counsel to be a ‘‘lawyer with a reputation for integrity and impartial decision making and with appropriate experience to ensure that both the investigation will be conducted ably, expeditiously and thoroughly, and that investigative and prosecutorial deci- sions will be supported by an informed understanding of the criminal law and Department of Justice policies’’; Whereas, on May 17, 2017, the Acting Attorney General ap- pointed former FBI Director Robert S. Mueller III to serve as Special Counsel ‘‘to ensure a full and thorough 3 •HCON 24 EH investigation of the Russian government’s efforts to inter- fere in the 2016 presidential election’’, including an ex- amination of ‘‘any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump’’, ‘‘any matters that arose or may arise directly from the investigation’’, and ‘‘any other matters within the scope of 28 CFR 600.4(a)’’; Whereas the Acting Attorney General explained that he had appointed Special Counsel Mueller because he ‘‘deter- mined that it is in the public interest * * * to * * * ap- point a Special Counsel to assume responsibility for this matter * * * based upon the unique circumstances, the public interest requires [him] to place this investigation under the authority of a person who exercises a degree of independence from the normal chain of command * * * [and that] a Special Counsel is necessary in order for the American people to have full confidence in the out- come. Our nation is grounded on the rule of law, and the public must be assured that government officials admin- ister the law fairly’’; Whereas Special Counsel Mueller has previously served in the Department of Justice as a prosecutor, United States At- torney, and Director of the FBI under both Republican and Democratic administrations, and his selection as the Special Counsel elicited bipartisan praise recognizing his reputation for competence, fairness, and nonpartisanship; Whereas the Special Counsel’s investigation has thus far re- sulted in the public indictment of 34 individuals and 3 companies, 7 guilty pleas, and 1 conviction following a jury trial; 4 •HCON 24 EH Whereas the Special Counsel Regulations provide that ‘‘[a]t the conclusion of the Special Counsel’s work, he or she shall provide the Attorney General with a confidential re- port explaining the prosecution or declination decisions reached by the Special Counsel’’; Whereas, on January 15, 2019, at his confirmation hearing before the Senate Committee on the Judiciary, Attorney General William Barr testified ‘‘I * * * believe it is very important that the public and Congress be informed of the results of the special counsel’s work. For that reason, my goal will be to provide as much transparency as I can consistent with the law’’; Whereas, on February 22, 2019, the chairs of six committees of the House of Representatives wrote to Attorney Gen- eral Barr to inform him of their expectation that he will make Special Counsel Mueller’s report public ‘‘to the maximum extent permitted by law’’; Whereas transparency is consistent with the overall purpose and intent of the Special Counsel Regulations and the ac- companying Department of Justice commentary, which notes the importance of ‘‘ensur[ing] congressional and public confidence in the integrity of the process’’; Whereas the need for transparency is most pronounced with regard to investigations that involve the President or in- dividuals associated with his campaign as the President is responsible for the appointment of the senior leader- ship of the Department of Justice; Whereas the Department of Justice’s United States Attor- ney’s Manual indicates that in public filings and pro- ceedings, prosecutors ‘‘should remain sensitive to the pri- vacy and reputation interests of uncharged third-parties’’, 5 •HCON 24 EH that is, of persons who the Department considers may be, but are not yet criminally charged; Whereas this general nonstatutory policy of sensitivity to the ‘‘interests of uncharged third-parties’’ should be inappli- cable to a sitting President because the Department of Justice’s Office of Legal Counsel has previously written that ‘‘a sitting President is constitutionally immune from indictment and criminal prosecution’’; Whereas the Department of Justice has on numerous recent occasions provided investigatory information to Congress and the public concerning investigations of high-level public officials in both pending and closed cases; Whereas in the only other instance where a Special Counsel was appointed under the Special Counsel Regulations (in 1999, concerning the 1993 confrontation in Waco, Texas), both the interim and final reports, including find- ings, provided by the Special Counsel were released to the public by the Attorney General; and Whereas the allegations at the center of Special Counsel Mueller’s investigation strike at the core of our democ- racy, and there is an overwhelming public interest in re- leasing the Special Counsel’s report to ensure public con- fidence in both the process and the result of the inves- tigation: Now, therefore, be it Resolved by the House of Representatives (the Senate 1 concurring), That Congress— 2 (1) calls for the public release of any report, in- 3 cluding findings, Special Counsel Mueller provides to 4 the Attorney General, except to the extent the public 5 6 •HCON 24 EH disclosure of any portion thereof is expressly prohib- 1 ited by law; and 2 (2) calls for the full release to Congress of any 3 report, including findings, Special Counsel Mueller 4 provides to the Attorney General. 5 Passed the House of Representatives March 14, 2019. Attest: Clerk. 116TH CONGRESS 1ST SESSION H. CON. RES. 24 CONCURRENT RESOLUTION Expressing the sense of Congress that the report of Special Counsel Mueller should be made available to the public and to Congress.