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Our constitutional system is defined by a balance between the public’s need for transparency and the government’s need to have a zone of secrecy around decision making. Both are important, yet they are mutually exclusive.

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Neal Katyal

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I don’t think the fact that something occurs in public or in private matters at all to obstruction of justice. I mean, if I publicly threaten the prosecutor who’s investigating me, I don’t think it’d be a particularly compelling defense to say, ‘Oh, I did it in public.’

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One thing we know about government after the New Deal is that checks and balances through whistle-blowing is terrible policy.

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May 18, 2024

One thing we know about government after the New Deal is that checks and balances through whistle-blowing is terrible policy.

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May 18, 2024

I don’t think the fact that something occurs in public or in private matters at all to obstruction of justice. I mean, if I publicly threaten the prosecutor who’s investigating me, I don’t think it’d be a particularly compelling defense to say, ‘Oh, I did it in public.’

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