Attorney General William P. Barr will decide how much of special counsel Robert S. Mueller III’s findings and conclusions to share with Congress and the American people. Barr told the Senate Judiciary Committee he would try to be as transparent as possible while abiding by the Justice Department’s long-standing tradition of protecting the privacy rights of the innocent. That makes sense, but past departmental practices suggest he can release far more details than many people may now realize.
Providing detailed information about a completed investigation of intense public interest has long been a part of Justice Department practice. It doesn’t happen often, because ordinarily nothing outweighs the privacy interests of the subject of an investigation that ends without public charges. But department tradition recognizes that transparency is especially important where polarized politics and baseless attacks challenge law enforcement’s credibility. In critical matters of national importance, a straightforward report of what facts have been learned and how judgment has been exercised may be the only way to advance the public interest.
The Justice Department shared detailed information with the public after the FBI’s investigation of the 2014 killing of Michael Brown in Ferguson, Mo. His death at the hands of a white police officer touched off unrest around the country. The Justice Department responded to calls for a federal investigation, sending dozens of FBI special agents into Ferguson. After months of careful work, the department declined to bring a federal criminal prosecution. But the Justice Department didn’t just put the boxes in storage. Because there was intense, legitimate public interest — and significant doubt about law enforcement independence — the department publicly released an 86-page report in March 2015 detailing the entire investigation — what was done, what was found and how the evidence compared to governing legal standards, including an evaluation of the conduct and statements of individuals.