III.A. Statutory Defenses to the Application of Obstruction-Of-Justice Provisions to the Conduct Under Investigation (Mueller Report)
Government Unfiltered
Dan Williams
4.8 • 993 Ratings
🗓️ 4 May 2019
⏱️ 23 minutes
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Summary
Part 1 of 2 from Section III. Legal Defenses to the Application of Obstruction-of-Justice Statutes to the President. This subsection of Volume 2, pages 159-168, 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.
Legal Defenses to the Application of Obstruction-of-Justice Statutes to the President (0:29)
Statutory Defenses to the Application of Obstruction-Of-Justice Provisions to the Conduct Under Investigation (2:41)
- The Text of Section 1512(c)(2) Prohibits a Broad Range of Obstructive Acts (4:39)
- Judicial Decisions Support a Broad Reading of Section 1512(c)(2) (7:58)
- The Legislative History of Section 1512(c)(2) Does Not Justify Narrowing Its Text (12:11)
- General Principles of Statutory Construction Do Not Suggest That Section 1512(c)(2) is Inapplicable to the Conduct in this Investigation (15:28)
- Other Obstruction Statutes Might Apply to the Conduct in this Investigation (19:42)
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Transcript
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| 0:35.0 | Welcome to the Mueller Report audio. |
| 0:41.7 | A note before we get started, section three breaks into two parts. |
| 0:46.5 | This section will include the introduction to section three, along with section 3A. |
| 0:53.2 | This section also includes several references to U.S. code, to legal cases that support definitions provided, and some additional references I'll |
| 0:55.3 | be skipping over to help make this section more pleasant to listen to. |
| 1:00.0 | Section 3. Legal defenses to the application of obstruction of justice statutes to the |
| 1:05.8 | President. The President's Personal Counsel has written to this office to advance statutory and constitutional |
| 1:11.9 | defenses to the potential application of the obstruction of justice statutes to the President's |
| 1:16.8 | conduct. As a statutory matter, the President's Council has argued that a core obstruction |
| 1:22.4 | of justice statute, 18 U.S. Code, Section 1512,. C2 does not cover the President's actions. |
| 1:30.6 | As a constitutional matter, the President's Council argued that the President cannot obstruct |
| 1:35.3 | justice by exercising his constitutional authority to close Department of Justice investigations |
| 1:40.6 | or terminate the FBI Director. |
| 1:43.4 | Under that view, any statute that restricts the |
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