V. Prosecution and Declination Decisions (Mueller Report)
Government Unfiltered
Dan Williams
4.8 • 993 Ratings
🗓️ 5 May 2019
⏱️ 52 minutes
🧾️ Download transcript
Summary
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 (0:24)
A. Russian "Active Measures" Social Media Campaign (2:01)
B. Russian Hacking and Dumping Operations (4:50 )
- Section 1030 Computer-Intrusion Conspiracy (4:56)
- Background (5:01)
- Charging Decision As to [Redacted - Harm to Ongoing Matter] (6:51)
- Potential Section 1030 Violation By [Redacted - Personal Privacy] (7:02)
C. Russian Government Outreach and Contacts (7:58)
- Potential Coordination: Conspiracy and Collusion (9:52)
- Potential Coordination: Foreign Agent Statutes (FARA and 18 U.S.C. § 951) (12:38)
- Governing Law (12:59)
- Application (15:43)
- Campaign Finance (17:53)
- Overview Of Governing Law (18:32)
- Application to June 9 Trump Tower Meeting (21:12)
- Thing-of-Value Element (24:19)
- Willfulness (27:19)
- Difficulties in Valuing Promised Information (29:28)
- Application to [Redacted - Harm to Ongoing Matter] (31:01)
- Questions Over Whether [Redacted - Harm to Ongoing Matter] (31:12)
- Willfulness (31:22)
- Constitutional Considerations (31:43)
- Analysis as to [Redacted - Harm to Ongoing Matter] (31:55)
- False Statements and Obstruction of the Investigation (32:09)
- Overview Of Governing Law (32:31)
- Application to Certain Individuals (35:06)
- George Papadopoulos (35:09)
- [Redacted - Personal Privacy] (40:08)
- Michael Flynn (40:17)
- Michael Cohen (43:25)
- [Redacted - Harm to Ongoing Matter] (47:02)
- Jeff Sessions (47:11)
- Others Interviewed During the Investigation (50:34)
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Transcript
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| 0:00.0 | Welcome to the Mueller Report Audio. |
| 0:07.0 | A note before we get started. Within the text, there are many references to court cases, documents, and sections of the U.S. Code. |
| 0:16.0 | I'll be skipping over a majority of those with the hope that it makes this section more pleasant to listen to. |
| 0:29.2 | Section 5. Prosecution and Declination Declination Decision. The appointment order authorized the special counsel's office to prosecute federal crimes arising from its investigation of the matters |
| 0:34.1 | assigned to it. In deciding whether to exercise this prosecutorial authority, |
| 0:38.8 | the office has been guided by the principles of federal prosecution set forth in the justice, |
| 0:43.6 | formerly U.S. attorneys, manual. In particular, the office has evaluated whether the conduct |
| 0:49.2 | of the individuals considered for prosecution constituted a federal offense and whether admissible evidence |
| 0:55.3 | would probably be sufficient to obtain and sustain a conviction for such an offense. Where the answer to |
| 1:01.2 | those questions was yes, the office further considered whether the prosecution would serve a substantial |
| 1:06.2 | federal interest, the individuals were subject to effective prosecution in another jurisdiction, and there |
| 1:11.9 | existed an adequate non-criminal alternative to prosecution. As explained below, those considerations |
| 1:17.2 | led the office to seek charges against two sets of Russian nationals for their role in perpetrating |
| 1:22.1 | the Act of Measures social media campaign and computer intrusion operations. Here's about two and a half lines redacted citing harm to ongoing matter. |
| 1:30.3 | The office similarly determined that the contacts between campaign officials and Russia-linked individuals |
| 1:36.3 | either did not involve the commission of a federal crime or, in the case of campaign finance offenses, |
| 1:41.3 | that our evidence was not sufficient to obtain and sustain |
| 1:44.3 | a criminal conviction. At the same time, the office concluded that the principles of federal |
| 1:48.7 | prosecution supported charging certain individuals connected to the campaign with making false |
| 1:53.8 | statements or otherwise obstructing this investigation or parallel congressional investigations. |
| 2:01.4 | Section 5A, Russian Active Measures Social Media Campaign |
| 2:06.1 | On February 16, 2018, a federal grand jury in the District of Columbia |
... |
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