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May 4, 2019

Part 2 of 2 from Section III. Legal Defenses to the Application of Obstruction-of-Justice Statutes to the President. This subsection of Volume 2, pages 168-182, 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.

Constitutional Defenses to Applying Obstruction-Of-Justice Statutes to Presidential Conduct (0:09)

  1. The Requirement of a Clear Statement to Apply Statutes to Presidential Conduct Does Not Limit the Obstruction Statutes (1:56)
  2. Separation-of-Powers Principles Support the Conclusion that Congress May Validly Prohibit Corrupt Obstructive Acts Carried Out Through the President's Official Powers (7:29)
    1. The Supreme Court's Separation-of-Powers Balancing Test Applies In This Context (8:24)
    2. The Effect of Obstruction-of-Justice Statutes on the President's Capacity to Perform His Article II Responsibilities is Limited (11:54)
    3. Congress Has Power to Protect Congressional, Grand Jury, and Judicial Proceedings Against Corrupt Acts from Any Source (18:02)
  3. Ascertaining Whether the President Violated the Obstruction Statutes Would Not Chill his Performance of his Article II Duties (22:01)

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