Government Unfiltered
Government Unfiltered
Timberlane Media
III. Legal Defenses to the Application of Obstruction-of-Justice Statutes to the President (Mueller Report, Nov. 2020 update)
51 minutes Posted Dec 9, 2020 at 8:26 am.
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
A. Statutory Defenses to the Application of Obstruction-Of-Justice Provisions to the Conduct Under Investigation
The Text of Section 1512(c)(2) Prohibits a Broad Range of Obstructive Acts
Judicial Decisions Support a Broad Reading of Section 1512(c)(2)
The Legislative History of Section 1512(c)(2) Does Not Justify Narrowing Its Text
General Principles of Statutory Construction Do Not Suggest That Section 1512(c)(2) is Inapplicable to the Conduct in this Investigation
Other Obstruction Statutes Might Apply to the Conduct in this Investigation
B. Constitutional Defenses to Applying Obstruction-Of-Justice Statutes to Presidential Conduct
The Requirement of a Clear Statement to Apply Statutes to Presidential Conduct Does Not Limit the Obstruction Statutes
Separation-of-Powers Principles Support the Conclusion that Congress May Validly Prohibit Corrupt Obstructive Acts Carried Out Through the President's Official Powers
Ascertaining Whether the President Violated the Obstruction Statutes Would Not Chill his Performance of his Article II Duties
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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) The Text of Section 1512(c)(2) Prohibits a Broad Range of Obstructive Acts (5:25) Judicial Decisions Support a Broad Reading of Section 1512(c)(2) (8:45) The Legislative History of Section 1512(c)(2) Does Not Justify Narrowing Its Text (12:58) General Principles of Statutory Construction Do Not Suggest That Section 1512(c)(2) is Inapplicable to the Conduct in this Investigation (16:16) 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) The Requirement of a Clear Statement to Apply Statutes to Presidential Conduct Does Not Limit the Obstruction Statutes (23:49) 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) Ascertaining Whether the President Violated the Obstruction Statutes Would Not Chill his Performance of his Article II Duties (43:53)   Mueller Report Audio - muellerreportaudio.com Presented by Timberlane Media - patreon.com/timberlanemedia Donate anonymously - glow.fm/insider Or donate with Crypto   Music by Lee Rosevere