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Welcome to the Mueller Report audio.

Section 3B.

Constitutional defenses to applying obstruction of justice statutes to presidential conduct.

The president has broad discretion to direct criminal investigations.

The Constitution vests the executive power in the president and enjoins him to take care that the laws be faithfully executed. Those powers and duties form the foundation of prosecutorial discretion. The President

also has authority to appoint officers of the United States and to remove those whom he has appointed.

Although the President has broad authority under Article 2, that authority

coexists with Congress's Article 1 power to enact laws that protect congressional proceedings,

federal investigations, the courts, and grand juries against corrupt efforts to undermine their

functions. Usually, those constitutional powers function in harmony, with the president enforcing

the criminal laws under Article 2 to

protect against corrupt, obstructive acts. But when the president's official actions come into

conflict with the prohibitions and the obstruction statutes, any constitutional tension is

reconciled through separation of powers analysis. The president's counsel has argued that the

president's exercise of his constitutional authority,

...