III. Legal Defenses to the Application of Obstruction-of-Justice Statutes to the President (Mueller Report, Nov. 2020 update)

III. Legal Defenses to the Application of Obstruction-of-Justice Statutes to the President (Mueller Report, Nov. 2020 update)

Author: Timberlane Media December 9, 2020 Duration: 51:47

Part A of this subsection of Volume 2 provides legal background of the obstruction-of-justice statute most readily applicable to the Special Counsel's investigation: Section 1512(c)(2) of 18 U.S.C. Part B explores how constitutional tension is reconciled through separation-of-powers analysis when the President's official actions come into conflict with the prohibitions in the obstruction-of-justice statutes.

This episode covers pages 159-182 of Volume 2 from the "Report on the Investigation into Russian Interference in the 2016 Presidential Election."

III. Legal Defenses to the Application of Obstruction-of-Justice Statutes to the President (1:14)

A. Statutory Defenses to the Application of Obstruction-Of-Justice Provisions to the Conduct Under Investigation (3:27)

  1. The Text of Section 1512(c)(2) Prohibits a Broad Range of Obstructive Acts (5:25)
  2. Judicial Decisions Support a Broad Reading of Section 1512(c)(2) (8:45)
  3. The Legislative History of Section 1512(c)(2) Does Not Justify Narrowing Its Text (12:58)
  4. General Principles of Statutory Construction Do Not Suggest That Section 1512(c)(2) is Inapplicable to the Conduct in this Investigation (16:16)
  5. Other Obstruction Statutes Might Apply to the Conduct in this Investigation (20:29)

B. Constitutional Defenses to Applying Obstruction-Of-Justice Statutes to Presidential Conduct (22:03)

  1. The Requirement of a Clear Statement to Apply Statutes to Presidential Conduct Does Not Limit the Obstruction Statutes (23:49)
  2. Separation-of-Powers Principles Support the Conclusion that Congress May Validly Prohibit Corrupt Obstructive Acts Carried Out Through the President's Official Powers (29:23)
  3. Ascertaining Whether the President Violated the Obstruction Statutes Would Not Chill his Performance of his Article II Duties (43:53)

 

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Music by Lee Rosevere


Ever wondered what’s actually inside those dense government reports that make headlines but few ever read? Government Unfiltered opens the filing cabinet for you. Produced by Timberlane Media, this podcast is built on a simple, powerful idea: the most crucial public documents should be heard, not just filed away. Host Dan Williams, familiar to many as the voice that brought the Mueller Report to life in audio form, continues that mission here. He reads significant government texts verbatim, providing a direct, uncommented audio stream of primary sources. It’s for anyone who wants the raw information-the exact wording, the precise findings-but finds themselves short on time to sit and read hundreds of pages, or who prefers to absorb complex material during a commute, a walk, or while doing chores. You’ll hear the contents of major investigations, policy papers, and consequential reports, delivered in a clear, steady narration. This isn’t analysis or punditry; it’s access. By turning text into sound, Government Unfiltered demystifies the workings of power and offers a uniquely transparent way to stay informed, letting you draw your own conclusions from the original documents that shape our political world.
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