III. Legal Defenses to the Application of Obstruction-of-Justice Statutes to the President (Mueller Report, Nov. 2020 update)

About this Episode

Part A of this subsection of Volume 2 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. Part B explores how constitutional tension is reconciled through separation-of-powers analysis when the President's official actions come into conflict with the prohibitions in the obstruction-of-justice statutes. This episode covers pages 159-182 of Volume 2 from the "Report on the Investigation into Russian Interference in the 2016 Presidential Election." III. Legal Defenses to the Application of Obstruction-of-Justice Statutes to the President (1:14) A. Statutory Defenses to the Application of Obstruction-Of-Justice Provisions to the Conduct Under Investigation (3:27) The Text of Section 1512(c)(2) Prohibits a Broad Range of Obstructive Acts (5:25) Judicial Decisions Support a Broad Reading of Section 1512(c)(2) (8:45) The Legislative History of Section 1512(c)(2) Does Not Justify Narrowing Its Text (12:58) General Principles of Statutory Construction Do Not Suggest That Section 1512(c)(2) is Inapplicable to the Conduct in this Investigation (16:16) Other Obstruction Statutes Might Apply to the Conduct in this Investigation (20:29) B. Constitutional Defenses to Applying Obstruction-Of-Justice Statutes to Presidential Conduct (22:03) The Requirement of a Clear Statement to Apply Statutes to Presidential Conduct Does Not Limit the Obstruction Statutes (23:49) Separation-of-Powers Principles Support the Conclusion that Congress May Validly Prohibit Corrupt Obstructive Acts Carried Out Through the President's Official Powers (29:23) Ascertaining Whether the President Violated the Obstruction Statutes Would Not Chill his Performance of his Article II Duties (43:53)   Mueller Report Audio - muellerreportaudio.com Presented by Timberlane Media - patreon.com/timberlanemedia Donate anonymously - glow.fm/insider Or donate with Crypto   Music by Lee Rosevere