"In light of media reports that Special Counsel Robert S. Mueller III is close to concluding his
investigation of Russian interference in the 2016 election, the extent to which the findings and
conclusions of the Special Counsel’s investigation will be released to Congress and the public after being
submitted to the Attorney General has attracted attention. The reporting requirements applicable to the
Special Counsel’s investigation indicate a significant degree of deference to the Special Counsel
regarding the content of his report to the Attorney General. Governing Department of Justice (DOJ)
regulations also give significant deference to the Attorney General regarding release of information
related to the report, although the regulations mandate that he report certain information to Congress at
the conclusion of the Special Counsel’s investigation. Some Members of Congress have proposed legislation to ensure that certain information related to the Special Counsel’s investigation is made
available to Congress and the public.
This Sidebar examines the current legal obligations of the Special Counsel and Attorney General to report
information relating to the investigation to Congress and the public. It also provides historical examples
of reports issued for other such investigations. A companion Sidebar addresses potential legal issues that
may arise if Congress seeks to compel release of information about the investigation, including issues
involving executive privilege and the publication of grand jury information..."
Special Counsel Report
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