There is a new appeals court decision that is damaging to the Democrats chances of getting an unredacted Mueller report.

If Democrats sue after getting the redacted version, which is likely as they love to sue, this case could be the nail to the GOP hammer to stop them.

And if the case makes it to the Supreme Court with Justices Gorsuch and Kavanaugh as members of a conservative majority is it even more damaging.

The case is question was McKeever v. Barr and it was ruled on on Friday in a decision that should be giving Democrats nightmares, Law & Crime reported.

Stuart McKeever, an author and attorney, has been trying to piece together what happened in the case of Columbia University professor Jesus Galindez who vanished from New York City in 1956. He was believed to possibly have been taken to the Dominican Republic and murdered by agents of dictator Rafael Trujillo, of whom Galindez had been critical. The case led to the indictment of John Joseph Frank, a former FBI agent and CIA attorney who went on to for Trujillo. McKeever believed Frank was behind Galíndez’s disappearance, court documents said. Frank was indicted for being an unreported foreign agent, but not for Galindez’s murder.

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McKeever, who had been writing about and looking into the Galinez case for decades, asked the court to release the secret grand jury information in the Frank case, claiming that otherwise people like him would have difficulty investigating cases where grand juries either didn’t finish investigating or dropped the investigation altogether. The Department of Justice, on the other hand, argued that judges don’t have the authority to do this, unless the information falls under particular exemptions that they said don’t apply to this situation.

The D.C. Circuit agreed with the DOJ in a 2-1 decision. Senior Circuit Judge Douglas Ginsburg noted that Rule 6(e) is very clear on when a court can order disclosure of grand jury information.

“That the list of enumerated exceptions is so specific bolsters our conclusion,” he wrote, adding that “McKeever points to nothing in Rule 6(e)(3) that suggests a district court has authority to order disclosure of grand jury matter outside the enumerated exceptions.”

When McKeever was first arguing his case before the D.C. Circuit, former Watergate prosecutor Philip Lacovara told Politico that the case could have ramifications when it comes to grand jury information being released in Mueller’s report.

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“There are people who are interested in the options open to Mr. Mueller and his investigation who recognize the potential significance of this case,” he said. “It certainly could complicate matters.”

Uh-oh. DC Circuit takes narrow view of its power to release grand jury material (2-1) for researcher of a 1957 case. McKeever v Barr. Dissent J. Srinivasan takes broader view from Haldeman v Sirica. Could this become important in anything more current? https://t.co/r1Bm8JnIwy — Trial Updates (@Trialinsider) April 5, 2019

It'd be *very* good timing if the D.C. Circuit were to issue its decision this week in McKeever v. Barr (regarding whether courts can authorize release of grand jury information otherwise confidential under Rule 6(e)). Argued Sept. 21. Just sayin'.@just_security @lawfareblog — Marty Lederman (@marty_lederman) March 26, 2019

The U.S. Court of Appeals for the D.C. Circuit has ruled in McKeever v. Barr, a case concerning whether federal courts have the inherent authority to release grand jury information. A divided panel found that courts do not have this inherent power. https://t.co/QSoogfgAeP — Mary Waggener (@marywag2947) April 5, 2019

DC Cir holds that district judges do not have inherent authority to release “historically significant grand jury matters.” Held district cts limited to exceptions to GJ secrecy in Fed.R.Crim.P. 6(e). McKeever v. Barr. #Appeals #GrandJury (4/5/19) => https://t.co/HMAzQYt4nd pic.twitter.com/G0cS2KgpEn — K&L Gates Appeals (@KLGates_Appeals) April 5, 2019

Now McKeever v. Barr…Decision May Impact Release of Mueller's Report, Including Grand Jury Material, To Congressional Committee…Lots of Moving Pieces…https://t.co/yh5OHwBC2i — legalnerd (@alegalnerd) March 28, 2019

I don't think we'll see the Mueller report. AG Barr is reportedly on solid legal ground using grand jury – rule of criminal procedure 6 (e). McKeever v Sessions (Barr) as yet undecided, but probably won't matter. https://t.co/vnAlU4mkOt — Fraser MacLeod (@FraserMacLeod5) March 26, 2019

https://twitter.com/MrM1S/status/1114241269423845376