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Government Unfiltered

V. Prosecution and Declination Decisions (Mueller Report 2020 Update)

Government Unfiltered

Dan Williams

Politics, News, Government

4.8 • 993 Ratings

🗓️ 23 June 2020

⏱️ 58 minutes

🔗️ Recording | iTunes | RSS

🧾️ Download transcript

Summary

On Friday, June 19, 2020, the Department of Justice released unredacted portions of the Mueller Report relating to Roger Stone. This episode is a re-release of this section of the Mueller Report with the newly available information. Apart from a couple of mentions of Roger Stone's name, the unredacted material is primarily from 7:34 to 9:04 and 49:17 to 53:23.

As part of the final section of Volume 1, pages 174-199, this section explains the Special Council's decisions on whether to exercise its prosecutorial authority with regard to the evidence it found through the investigation.

Prosecution and Declination Decisions (1:12)

A. Russian "Active Measures" Social Media Campaign (2:51)

B. Russian Hacking and Dumping Operations (5:40)

  1. Section 1030 Computer-Intrusion Conspiracy (5:45)
    1. Background (5:51)
    2. Charging Decision As to [Redacted - Harm to Ongoing Matter] (9:05)
  2. Potential Section 1030 Violation By [Redacted - Personal Privacy] (9:16)

C. Russian Government Outreach and Contacts (10:12)

  1. Potential Coordination: Conspiracy and Collusion (12:07)
  2. Potential Coordination: Foreign Agent Statutes (FARA and 18 U.S.C. § 951) (14:53)
    1. Governing Law (15:13)
    2. Application (17:58)
  3. Campaign Finance (20:07)
    1. Overview Of Governing Law (20:47)
    2. Application to June 9 Trump Tower Meeting (23:26)
      1. Thing-of-Value Element (26:34)
      2. Willfulness (29:34)
      3. Difficulties in Valuing Promised Information (31:43)
    3. Application to [Redacted - Harm to Ongoing Matter] (33:17)
      1. Questions Over Whether [Redacted - Harm to Ongoing Matter] (33:28)
      2. Willfulness (33:37)
      3. Constitutional Considerations (33:59)
      4. Analysis as to [Redacted - Harm to Ongoing Matter] (34:11)
  4. False Statements and Obstruction of the Investigation (34:24)
    1. Overview Of Governing Law (34:46)
    2. Application to Certain Individuals (37:21)
      1. George Papadopoulos (37:25)
      2. [Redacted - Personal Privacy] (42:23)
      3. Michael Flynn (42:23)
      4. Michael Cohen (42:32)
      5. Roger Stone (49:18)
      6. Jeff Sessions (53:24)
      7. Others Interviewed During the Investigation (56:47)

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Music by Lee Rosevere

Transcript

Click on a timestamp to play from that location

0:00.0

This is the Mueller Report audio podcast. I'm Dan Williams. On Friday, June 19, 2020, the Department of Justice released unredacted portions of the Mueller report relating to Roger Stone. This is one of the re-release sections with the newly available information.

0:23.9

If you are looking for more readings of government documents without political commentary,

0:28.7

please subscribe to my newest podcast, Government Unfiltered.

0:33.2

My June 2020 episode is a reading of a House Oversight Report,

0:37.4

describing the Middle East

0:38.4

Marshall Plan and concern over the transfer of nuclear technology to Saudi Arabia.

0:43.4

This podcast operates on the value-for-value model.

0:47.0

I produce the audio, and you decide what it's worth.

0:50.1

You can donate at Muller Report Audio.com or support my new podcast at government unfiltered.com.

0:57.6

A note before we get started. Within the text, there are many references to court cases, documents, and sections of the U.S. Code.

1:05.5

I'll be skipping over a majority of those with the hope that it makes this section more pleasant to listen to.

1:12.7

Section 5. Prosecution and Declination Declination Decisions. The appointment order

1:18.4

authorized the special counsel's office to prosecute federal crimes arising from its

1:22.6

investigation of the matters assigned to it. In deciding whether to exercise this prosecutorial authority,

1:28.7

the office has been guided by the principles of federal prosecution set forth in the justice,

1:33.5

formerly U.S. attorneys, manual. In particular, the office has evaluated whether the conduct

1:39.1

of the individuals considered for prosecution constituted a federal offense and whether admissible evidence would

1:45.6

probably be sufficient to obtain and sustain a conviction for such an offense. Where the answer to those

1:51.3

questions was yes, the office further considered whether the prosecution would serve a substantial

1:56.1

federal interest, the individuals were subject to effective prosecution in another jurisdiction, and there

2:01.8

existed an adequate non-criminal alternative to prosecution. As explained below, those considerations

2:07.1

led the office to seek charges against two sets of Russian nationals for their role in perpetrating

...

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