Dec 9, 2020
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