Special Counsel must write 2 reports: a secret one for DOJ and a public one for Congress.

[DetlefK]

https://www.rawstory.com/2019/01/mueller-report-will-public-author-dojs-special-counsel-rules-explains-important-weapon-publics-right-know/

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1.The special counsel rules, which I drafted at DOJ 20 years ago, contemplate 2 kinds of reports. One is a report from Mueller to the AG, at the close of his investigation: “a confidential report explaining the prosecution or declination decisions reached by the Special Counsel.”

2. That document is to be confidential. But there is a second, separate reporting requirement, which forces the AG to notify Congress “with an explanation for each action…upon conclusion of the Special Counsel’s investigation, including…

3. ... a description and explanation of instances (if any) in which the AG concluded that a proposed action by a Special Counsel was so inappropriate or unwarranted under established Departmental practices that it should not be pursued.”

4.That report must explain why the investigation has concluded, and any instance in which the AG overruled the Special Counsel. The provision was designed to ensure “Congressional and public confidence in the integrity of the process.”

...

[FM123]

1. Neal Katyal is one smart cookie!

[onenote]

2. Incorrect.

As Kaytal himself states, Mueller is required to submit a report, which is confidential, to the attorney general. The second report, which is sent to Congress, is not from the Special Counsel -- it is from the Attorney General. Moreover, Kaytal left out of his description a couple of very significant provisions in the rules:

(b) The notification requirement in paragraph (a)(1) [the notification from the AG to Congress] 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.

In short, the attorney general can decide not to send a report to Congress.