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Government Unfiltered - IV. Conclusion (Mueller Report, Nov. 2020 update)

IV. Conclusion (Mueller Report, Nov. 2020 update)

12/09/20 • 4 min

Government Unfiltered

The final subsection of Volume 2 is merely one paragraph on page 182 from the report and restates what was in the Introduction and Executive Summary, "While this report does not conclude that the President committed a crime, it also does not exonerate him."

The podcast closes out with thanks to our Executive Producers and Associate Producers who initially helped to support this effort as well as others who helped provide value to this effort in some way.

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

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The final subsection of Volume 2 is merely one paragraph on page 182 from the report and restates what was in the Introduction and Executive Summary, "While this report does not conclude that the President committed a crime, it also does not exonerate him."

The podcast closes out with thanks to our Executive Producers and Associate Producers who initially helped to support this effort as well as others who helped provide value to this effort in some way.

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

Previous Episode

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

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

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)

  1. The Text of Section 1512(c)(2) Prohibits a Broad Range of Obstructive Acts (5:25)
  2. Judicial Decisions Support a Broad Reading of Section 1512(c)(2) (8:45)
  3. The Legislative History of Section 1512(c)(2) Does Not Justify Narrowing Its Text (12:58)
  4. General Principles of Statutory Construction Do Not Suggest That Section 1512(c)(2) is Inapplicable to the Conduct in this Investigation (16:16)
  5. 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)

  1. The Requirement of a Clear Statement to Apply Statutes to Presidential Conduct Does Not Limit the Obstruction Statutes (23:49)
  2. 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)
  3. 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

Next Episode

undefined - The Second Impeachment Report: Materials in Support of H. Res. 24, Impeaching Donald John Trump, President of the United States, for High Crimes and Misdemeanors

The Second Impeachment Report: Materials in Support of H. Res. 24, Impeaching Donald John Trump, President of the United States, for High Crimes and Misdemeanors

On January 25, 2021, the House of Representatives delivered a single Article of Impeachment against President Trump to the United States Senate. On January 12, 2021, the majority staff of the House Judiciary Committee released the first public staff report detailing the events of January 6, 2021, when insurrectionists broke into the U.S. Capitol.

The event occurred as the House and the Senate met in a Joint Session of Congress, with the Vice President presiding, to count the Electoral College’s votes for President. In response, the House of Representatives called for the impeachment of President Donald J. Trump.

The report details the history, purpose and meaning of the Constitution’s Impeachment Clause, and establishes that President Trump’s conduct as set forth in the Article of Impeachment satisfies the standard for high Crimes and Misdemeanors. The majority staff of the House Judiciary Committee prepared this report for the use of the House Rules Committee to accompany H. RES. 24, titled "Impeaching Donald John Trump, President of the United States, For High Crimes and Misdemeanors."

INTRODUCTION (2:47)

I. Factual Background (9:36)

I.A. Conduct Leading Up to January 6, 2021 (10:34)

I.B. The January 6, 2021 “Save America Rally” (22:22)

I.C. The Attack on the Capitol (29:30)

I.D. President Trump’s Response to the Insurrection (37:42)

I.E. The Events of January 6th Were a Result of and Incited by the President’s Course of Conduct (44:27)

II. The Need for the House to Impeach President Trump (50:47)

II.A. Standards for Impeachment (51:13)

II.B. Application of Impeachment Standards to President Trump’s Conduct (54:11)

II.B.1. The Article of Impeachment Charges an Impeachable Offense (54:26)

II.B.2. President Trump Committed the Charged Impeachable Offense (1:03:24)

II.B.3. President Trump’s Conduct Harmed Core National Interests (1:15:53)

II.C. The Irrelevance of the Criminal Code and the Brandenburg Test (1:26:08)

III. The Need for Immediate Consideration of Impeachment (1:31:15)

III.A. Imminent Threat to the United States (1:34:10)

III.A.1. President Trump Failed to Protect the Capitol, the Vice President, and Members of Congress During the Joint Session of Congress (1:35:02)

III.A.2. President Trump Has Demonstrated No Remorse Since January 6th (1:42:18)

III.A.3. President Trump’s Actions Are Consistent with His Past Pattern of Undermining the Public Peace and the Orderly Operation of Democracy (1:49:59)

III.B. The Need to Establish Precedent That Such Conduct by a President Is Unconstitutional and Contrary to Our Democratic Values (2:00:35)

CONCLUSION (2:05:13)

These episodes are created based on the value-for-value model. Please support the podcast at governmentunfiltered.com by clicking the donate button for a one-time donation or by going to patreon.com/timberlanemedia to support monthly. If you'd like to donate anonymously, you can go to glow.fm/insider to donate on either a one-time or recurring basis. Follow the show on Twitter @GovUnfiltered or on Facebook at facebook.com/governmentunfiltered.

Music by Lee Rosevere

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