#Trump: The unusual interpretation of the 1512 Federal Code "tampering with witnesses," in order to prosecute starting March 4. @AndrewCMcCarthy @NRO @ThadMcCotter @theamgreatness
The John Batchelor Show
John Batchelor
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🗓️ 20 December 2023
⏱️ 8 minutes
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Summary
#Trump: The unusual interpretation of the 1512 Federal Code "tampering with witnesses," in order to prosecute starting March 4. @AndrewCMcCarthy @NRO @ThadMcCotter @theamgreatness
https://www.nationalreview.com/2023/12/the-obstruction-charges-that-may-derail-trumps-election-interference-trial/
1872 Mark Twain "Roughing It"
Transcript
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| 0:00.0 | I'm Tom Batser with my colleague Andrew McCarthy and my colleague that is McCotter. |
| 0:10.4 | We turn to an article that Andy has published at the National Review online, |
| 0:14.4 | taking us into the intricacies of Section 1512 of the Federal Code, Federal Statute. |
| 0:21.4 | It is entitled, |
| 0:22.6 | tampering with a witness, victim, or an informant. |
| 0:26.0 | And you're most concerned with something that was added |
| 0:28.8 | after 2002 because of the Sarbanes-Oxley scandal, a subsection C having to do with what you'd have to say |
| 0:38.8 | a whole in the original tampering with a witness victim and foreman. What is subsection C that we need to understand in order to go forward with the prosecution of Mr. Trump? |
| 0:49.4 | John, subsection C of this particular obstruction statute was enacted because of basically because of the Enron scandal and the Arthur Anderson case |
| 1:00.4 | Which revealed that there was this gap in federal law where essentially it was a crime to cause someone else to shred documents but not to shred the documents oneself which was very strange so this provision is really aimed |
| 1:17.2 | at corrupting evidence in a proceeding mainly by shredding but that's what the |
| 1:22.1 | that's what the specific provision |
| 1:24.1 | subsection C is but in order to make sure that they covered all conceivable |
| 1:29.2 | bases what Congress did was add basically a general otherwise clause where in the first |
| 1:38.0 | clause they said you know essentially no shredding type behavior and they itemize the things that you're not allowed to do. |
| 1:46.7 | And then in the second clause they said, we're also making it criminal for anyone to otherwise corruptly obstruct a proceeding. |
| 1:58.0 | What that ends up doing is roping in a lot of people whose behavior not only is not anything like shredding documents |
| 2:05.9 | but may not even potentially may not even be criminal and the reason I say that |
| 2:11.2 | is we are allowed to petition government. |
| 2:16.0 | Constitutionally, that's a right that we have and that includes impeding them from doing things that we oppose. |
| 2:22.0 | So that them from doing things that we oppose. |
| 2:23.0 | So that provision potentially captures a lot of legal behavior. |
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