Justice doesn’t exist for-the President to control or dictate its terms. Congress is a co equal branch of government with subpoena powers. If any person resists , they are in contempt of court and can be jailed. There are procedures to be followed. We are a Country that is defined by our Laws.
Volume 2 of the Mueller Report sets up the Impeachment case against Donald Trump , citing instances of Obstruction of Justice. Recent cases of Obstruction of Justice may be added to Mueller’s list of offenses.
We the People have been harmed, our very survival depends on the President, his Cabinet and co conspirators being removed from office, before they cause further weakening of our Democracy and ourselves.
Notes on the Mueller Report Volume 2
- 1.The Trump Campaign’s response to Russian interference in our Elections was confirmed by individuals within the Trump organization and the FBI.
- Trump lied about his ongoing pursuit of the Moscow Tower with the potential to net him Billions with little risk.
- We the People do question his legitimacy after a Foreign power, Russia, contributed monetary assistance to his campaign.
- The fact that Trump denied these facts and publicly waged a campaign against The Special Counsel constitutes Obstruction of Justice.
- Trumps Tweets should be included in evidence as his attempt to disparage this investigation & their findings, that Russia did interfere in US Elections, violating the privacy of individuals connected to voter registration rolls and others not connected to the Trump Campaign.
- Individuals connected to the Trump Campaign separately told the President in March & April (2016), that Wikileaks had the emails Trump was looking for.
- This was no witch hunt, nor is Russian interference in our Elections trivial.
- On 6/14/16 The DNC independently conducted an in house assessment of the DNC computers and found that they were hacked by the Russian Government.
- On 7/22/16 , Wikileaks dumped thousands of hacked DNC documents, timing their release for the beginning of the Democratic National Convention. The Trump Campaign and Trump , were gleeful and encouraged Wikileaks to release more emails. Their exact words are redacted on p 17 under Section ll of the Factual Results of the Obstruction Investigation.
- Trump and members of his campaign knew Wikileaks had the emails of Podesta & Clinton and were waiting for the proper timing of their release.
2. When Trump was asked about America’s stance on Crimea, he said he would recognize it as Russian territory. He did not say that in his communications privately with (Dimitriev ) a Russian, he was anticipating building a Real Estate complex there, similar to the one’s in the Ukraine & Georgia. The prize was Moscow Tower and a Letter Of Intent was signed with Russians, by Don Jr & Ivanka , acting on Trumps behalf.
- His policy toward the Ukraine changed and softened language entered on the RNC platform.
- He has distanced himself from NATO and has lifted Sanctions on Deripaska.
- He did send Michael Flynn to delay UN votes.
- He deflected his involvement with Russia by asking Wikileaks to leak “dirt “ on the Clinton Foundation.
- Trump constantly denied his involvement with Russia & Russians close to Putin.
- The only spin job came from Donald Trump and his campaign as they actively pursued ties to Russia for their own Monetary gain. Russia is a Kleptocracy, so far we have become a Plutocracy. This President must be Impeached, our survival depends upon it!
3. The President directed his counsel Donald McGahn to stop Sessions from recusing himself from the Russian Investigation
4. Mueller investigated the President ‘s conduct concerning the Investigation of Michael Flynn who had personal contact, as directed by the Trump Transition Team, with Kislyak, Russia’s Ambassador to the US.
- Flynn called Kislyak and requested that Russia not escalate the situation. Responding to Trumps anger, Flynn says the conversation never happened.
- On 1/26/17 Sally Yates contacts McGahn to inform him there is an FBI Investigation on Flynn and confirmed the conversation with Kislyak, that Flynn is denying.
- McGahn tells the President, who asks about the Law? Did Flynn violate the espionage Law!
- On 1/27/17 , the President still thinking how to handle Flynn, decides to query Comey’s loyalty instead. If the FBI wasn’t investigating Flynn , there would not be a problem? By 2/2/17, it is confirmed that Flynn had lied about his talks with Kislyak. When Flynn recounted truthfully to the President the dates he spoke to Kislyak, the President corrected one of his dates. How did Trump know the exact dates and conversations taking place, unless he had listening devices on all his employees?
- On 3/13/17 Flynn was fired. When the President hears Flynn is going to testify before the FBI & Congressional Investors , The President says Flynn should testify, everyone & Dems are after him. The President continues to speak to Flynn telling him to stay strong. By encouraging Flynn , Trump is obstructing justice.
5. Sessions, when becoming AG, was forced to recuse himself , because he had numerous contacts with Kislyak, the President was at one of the events giving a speech that Kislyak attended. Now, the President is angry with Sessions because he recused.
- The President’s behavior was improper and justifies Obstruction of Justice
6. When the President reached out to Coats, Pompeo, Rogers & Comey following Comey’s public announcement of the FBI’s Russia Investigation, it is relevant and helps us to understand the motivation of other actions towards the Investigation.
- The President was focused on the Russia Investigation and its implications for his Presidency. The President was concerned that, if the Public believed Russia helped him with the Investigation, it would detract from his accomplishments.
- He’s created a Plutocracy, so few profiting from the riches of our Nation, at the expense of 360 million of us.
- He has imperiled our survival by overturning Regulations on clean air and water. He is beggaring “we the People” and stealing from the People purse, to enrich himself and his cronies.
7. On 5/3/17 Comey testified before Congress and declined to discuss the scope of the Russia Investigation. The President was angered by Comey’s “non compliance with his wishes and fired him on 5/9/17 without the consent of the DOJ at the time.
- Than the President tried to defame Comey’s character. Before defaming Comey and actually firing him, he tried to deflect criticism of his firing , by saying it was Rosenstein & Sessions idea. Yet, he knew and his staff knew , The President wished to remove Comey, thinking falsely that the Russia Investigation would go away.
- It hasn’t. It has just exposed the President as a liar. He dissembles the truth , speaking on TV to Lester Holt , he stated the Russian Investigation is a made up story. An excuse by the Democrats for having lost the election, that they should have won.
- By firing Comey, Trump was aware he might lengthen the Investigation, that is Obstruction of Justice, with knowledge that you’re causing Obstruction. In fact, the next day the President tweeted, the Russians must be laughing, as the US tears itself apart over a Democratic Excuse for losing the election. He keeps up his Tweets. Knowing all along that Comey headed the FBI’s Russian Investigation and Comey’s removal would impede and obstruct the Investigation.
- As Mueller continues to understand Trumps concerns about Russia’s interference in our Election , we know that witnesses said Trump was aware that Russian Intelligence officers were behind hacks and he was awaiting future Wikileaks releases. The President was preoccupied with press coverage of the Russian Investigation and the Public’s perception of his legitimacy.
8. On 5/17/17, Rod Rosenstein appoints a Special Counsel to over see the Investigation. On 6/14/17, the press reports the President is being investigated for Obstruction of Justice.
- Because of Comey’s firing, the FBI delivered a preservation notice to McGahn, instructing the White House to preserve all relevant documents concerning Comey’s firing. McGahn issued a document hold and instructed staff that nothing was to be burned pending his review.
- On May 18 th Sessions tendered his resignation for the first time! The President shook Sessions hand and kept the letter. On 3/30/17. The President returned Sessions letter of resignation.
- Next he ruminated on the firing of the Special Council. Then he went on the attack. Tweeting “They made up a phony collusion story with the Russians, found zero. So now they go for Obstruction of Justice on the phony story. Nice . ” Then he states, Witch Hunt led by bad and conflicted people.
- Based on the evidence, the only bad and conflicted person is the President and his cronies, who planned to monetize every relationship they had.
- Once again, 6 mos after the election, he invokes Hilary’s name in disparaging remarks. Then he Tweets bemoaning his fate. In between his self pitying tweets, he and his Cabinet were destroying our Social Safety Net and only responding to Corporations who clearly do not represent “we the People “.
9. In analyzing the President’s direction to McGahn, to remove the Special Council , the following, is evidence to Obstruction of Justice.
- In reality, Mueller was indeed proceeding with a sword held over his head. If you were an innocent bystander, at any moment, you could be collateral damage. That’s how it must have felt to those outside the President’s circle.
- The facts , he directed McGahn to call Rosenstein to fire the Special Counsel. The President urged McGahn to do this immediately on a Saturday. Remove Mueller.
- The only reason the President would have had for removing Mueller was because he feared a foreseeable Grand Jury proceeding.
It was true, all Trumps acts, his calls and his wanting to get rid of Flynn, weighed on his mind. Then, he learns Flynn is really in the Special Councils “cross hairs” , Mueller is going after Flynn. Mueller went after Flynn for good reason , Flynn was the point man to Russia , asking them not to retaliate for Obama’s Sanctions. Trump would take care of them (sanctions) with Putin when he’s President.
10. By June 17, 2017. Trump is now faced with an investigation he didn’t want, but by his own actions forced, the Special Council was now investigating him “for the crazy shit”, he asked of everyone.
- Next, on 6/19/17, he dictates a letter to Corey Lewandowski saying he had no connection with the Russians , yet his children were busy saying they got encrypted messages from Wikileaks, acknowledging their receipt and release of sensitive emails by Podesta and Clinton, with instructions on Retweet’s and Trump is cheering them on ?
- Well I know a person can be many things, brazen brash self assured one minute and turn to jelly and insecurity the next. Trump had all those emotions, too! He was very sure of himself while he was being helped to win the Election, now that he’s President and under investigation, he’s feeling a reality check.
- Next, we’ll see the Trump who’s all powerful trampling our Constitution. It just happened, when he stated, McGahn can’t testify.
11. Back to June 19 th, when the June 9 th, 2016, Trump Tower meeting is aired in the press, stating that several Russians met with Manafort, Kushner, Don Jr & Goldstone etc, to get dirt on Hilary Clinton. That same date, Lewandowski is summoned to the White House again & Lewandowski is on the hook.
- He never gave the President’s note to Sessions, nor did he fire Sessions or ask him to stop the Investigation.
- Next the President gives an impromptu interview to The NY Times telling the Public he’s angry with Sessions for having recused himself from the Russian Investigation.
- Based on Sessions associations with the Russians, he had to recuse himself. He had no choice. No one in either party wanted to obstruct an Investigation into Russian Interference in our Election.
- Three days later , it was discovered by the Washington Post, that US intelligence intercepts showed that Sessions had discussed polling data with the Russian Ambassador, contrary to what he stated publicly. Stopped p96
- Trump, Sending a message thru Lewandowski , to Sessions, to confine his Investigation, would have been an Obstruction Act. The President wanted to say , thru Sessions, he didn’t need Mueller and wanted Sessions to focus and move to secure all future elections and disregard his recusal. The Grand Jury had convened and the President wanted to limit its scope. The President sought to remove investigation of himself and the campaign team.
- Sessions was to restrict and redirect. This request came 2 days after McGahn refused. Evidently, Hilary’s emails were the subject of the June 9 th meeting. He then dictated a letter to Don Jr. stating the meeting was about adoption. A lie! The Chief Prosecutor Of Russia was supplying emails of Hilary Clinton and her dealings with Russia. Trump denied all knowledge of these emails .
- By this time. All documents relating to Trump , the Campaign and any Russians were to be turned over to the Special Prosecutor office.
- Disingenuously. Priebus and attorneys heard about the information from Fox News, the President directs Communication staff not to publicly disclose info on the June 9 th meeting . Jared & Ivanka had the emails and wanted to show them to Trump. He stated he was uninterested.
- He already knew about them ? He was concerned that the emails would leak .
- Hicks & Kushner wanted to release the emails & Trump said, no. The President tells Hicks to confine her statements to adoption . Trump Jr amended the letter to say it was primarily about adopting. Covering up the real info. Getting “dirt” on Hilary.
- Guess that’s where Dirty Hilary came from? The letter to the Times never mentioned the Magnitsky Act, Sanctions or Clinton. Hicks was concerned Priebus knew and there could be a leak.
- Corallo the Atty gave the real story to the Times introducing the Steele document. Further discrediting Hilary and deflecting the Russian connection from Trump.( When in doubt blame Hilary or the DEMS) The On going Grand Jury Investigation redacted.
- Presumably because it involves Trump Jr et al. Trump later denied knowledge of the 6/9/16 meeting.
- On 7/9, David Wright says the President was unaware of the 6/9 meeting. The documents leaked. The attempt at Obstruction didn’t occur. Though the emails about Hilary were damaging. It shows bad character, but not Obstruction?
12. After yrs of harassing Jeff Sessions, on 11/7/18, the President removes Sessions. He has had enough of the Investigation & Sessions failure to recuse himself. Also, he wanted to go after Hilary. He has vendettas, that’s no crime. Removal of Sessions, may have been Obstruction , considering he replaces Sessions with Barr.
- The DOJ has now become a Political instrument of the President. It is no longer a separate branch of government. However, a fully unredacted Mueller Report and the AG’s cooperation, are assurred, once The House of Representatives, exercises it’s Co-equal rights, by Investigating the Obstruction of Justice Case, pending Impeachment. As long as the House, declares their intent to proceed toward Impeachment, the Executive Branch must comply with all House of Representatives requests for information. Attorney Client privilege no longer exists.
13. Next, Trump wants McGahn to state that he never tried to fire Mueller. No Obstruction, merely harassment?
14. Trumps conduct toward Flynn, Manafort & 1 other is Redacted, as harm to an ongoing matter? Gates?
- In January 2018. Manafort told Gates not to plead because he had been told by Trump, he would be taken care of! Trump knew Manafort for yrs.. In 1989, Trump gets him a VIP pass to the RNC.
- Trump still talked about a rigged witch hunt to help Manafort’s case. Is that Obstruction? Mueller was mad and said Manafort had breached his plea agreement, he had lied to protect the President and the President and the Russians, said he’d be taken care of. Manafort had no reason to cooperate. Trump is proud that Manafort, Corsi and 1, other never gave Mueller anything. That is Obstruction of Justice.
- Trump stated a pardon is not off the table for Manafort. (Though, if he’s Impeached, all promised Pardons are null and void) Redactions for Harm to an ongoing matter p 128.
- Corsi is Jerome Corsi connected to Wikileaks p129. p130 is totally redacted.
- Protection of Trump by Barr, that’s Obstruction too! The President’s statement, during the ongoing Jury trial could have influenced the outcome? Seems to me, the President’s warning statements about Flynn, would have kept Flynn lying and Obstructing Justice. 1/2 of p134 is redacted, Harm to ongoing matter. Mueller ‘s explanation of evidence? and determination?
15. Michael Cohen: in April 2018, when Cohen’s house was searched the President said he wouldn’t flip. Same tactic he used with Flynn and Flynn didn’t flip.
- By July 2018, Michael Cohen had cooperated & Trump called him a rat. The key to “breaking “Trump, is Cohen & his knowledge of the Trump Tower Project with the signers Of the LOI, by Don Jr & Ivanka and their facilitator, Felix Slater, an intermediary with the Russians, The Crocus group.
- Nothing can possibly happen without Trump playing ball with Putin? The deal looms large. At least 2 Billion, with little risk for Trump.
- Cohen reaches out directly to the office of Dimitry Peskov , his call is returned and shortly afterwards Slater calls saying Putin had called. 5/16, Cohen asks Trump about a trip to Moscow to move the project forward. It was agreed Cohen would go to Moscow before the Convention and Trump afterward . They’re invited to the St Petersburg Forum on June 16-19.
- Trump is now distancing himself from Russia? Curious, part of an agreed script to distance Trump from Russia. Trump minimizes the Trump Tower Project, in accordance with the “Party Line” he had developed. Trump & Michael are now joined in defense. Bad for Michael. Cohen was told to reach out to Putin when he was at the UN on 9/15. This predates the Letter of Intent signing in 2016.
16. Distancing Trump from Russia was not possible, since Cohen was in daily contact with Trumps Counsel. After Cohen admitted to lying, Mueller reached out to Trumps personal Counsel, who would not communicate with him citing privilege!
- In these matters, there is no privilege. Going before Congress negates privilege.
- Cohen constantly reflected on how he would stay on message to Protect Trump and the Tower. His legal expenses were covered by the Trump Organization? Legal? Yes, since he was a Senior member, of that organization.
- Cohen was following Kushner’s lead. Statements in advance. Lying! Laying the ground work for a coverup. After lying to Congress, Cohen spoke to the President’s Counsel.
- Campaign Finance violations are found when the Stormy Daniels check is found.
- More lies before truth comes out? Trump calls Michael a good man. In Trumps world, the good men are Flynn, Manafort, Cohen ? More? They stick together in their lies. An anonymous personal Trump friend, who? calls Michael, to reassure him the boss loves you, is redacted. Presumably to shield Trump.
- Again Trump says, Michael won’t flip. Cohen felt it was in his best interest to toe the Party line. He needed Trump. When Trump was asked about Pardons for Manafort & Cohen, he said too early to talk about them. 6/8/18.
- By 7/2/18 Michael was cooperating with the Special Counsel. Upon breaking in to Michael’s offices, etc , they found a recording between Trump and Michael about payoffs to a 2 Nd woman. More Campaign Finance Violation?
- Then it surfaced. The notes on June 9 th meeting , talks with Don Jr and dirt on Hillary. The Investigation turned to the Trump Tower Moscow Project and still being on script, Cohen lied, stating it had been abandoned. This was 12/3/18 , Trumps rant is redacted as harm to an ongoing matter.
- Trumps rants are interesting. He’s still obsessed with Hilary, he thinks breaking into an attorneys office a crime, but doesn’t consider breaking into the DNC computers , Podesta & Hilary’s computers a crime.
- When Trumps angry he lashes out at the weakest part of a person. If you’re with someone closely, you know their vulnerability.
17. Giuliani, talks about Trump Tower Moscow. Clearing the record and stating talks were ongoing up to the Election. P152. Then Giuliani retracts and says his remarks were hypothetical?
- Mueller questions, whether there is evidence to show that Cohen & Trump, got their stories straight with Trumps participation?
- Cohen spoke to the President’s Counsel about Congressional testimony. True. And the Party line was discussed with Trumps Counsel, who is immune, if a criminal case is brought, but not if proceedings leading to Impeachment are started by The House.
- My opinion, subpoena all relevant parties after starting the procedures leading toward Impeachment. The Trump Tower property is not trivial p154
- There is evidence that Trump knew that Michael made false statements about the Moscow project and he did so to protect the President and minimize the connection between Trump and Russia.
- When Michael Cohen flipped, The President knowingly tried to harm Cohen and his family. Showing him what happens when you thwart him. Isn’t that witness tampering or impeding Justice? Scare tactics to prevent the witness from cooperating? P156
18. The definition of Obstruction of Justice: Motivated by a desire to protect non criminal personal interests, to protect against Investigations where the underlying criminal liability falls into a grey area, or to avoid personal embarrassment. The injury to the integrity of the justice system is the same regardless of whether a person committed an underlying wrong.
- The Investigation concluded that Trumps personal conduct called into question the legitimacy of Mueller’s Investigation and continues to do so because Trump fears that the legitimacy of his Election is questioned & fears the uncertainty about the impact of certain events , where he had knowledge of their existence.
19. Many of the President’s acts before the Public to prevent witnesses from “flipping” or cooperating with the Special Council can be construed as Obstruction. Considering the President has access to Public Communications and can amplify his wishes and concerns makes his behavior , if not criminal, obstructing. If the likely effect of the acts is to intimidate witnesses or alter testimony, the justice system integrity is equally threatened.
- You’ve got Flynn, Manafort & Cohen & others being influenced by the President , as he tries to Obstruct Justice and impede the Grand Jury proceedings.
20. It is important to view the President’s behavior as the whole. Not just Flynn & Comey. What has he done?
- He turned a blind eye toward Russian interference in our Election because he potentially will benefit from his relationship with them. When & if Trump Tower Moscow becomes a reality , he personally makes Billions, with zero risk.
- Is it worth treating America, as a large personal corporate entity, to be battered or sold away, for personal profit for him, his family and associates?
21. By recapping the Mueller Report’s investigation, whether Mueller was thwarted, which he was, forms the basis of Obstruction of Justice by the President.
- McGahn was directed to remove the Special Council.
- Then, Lewandowski was asked by the President, to have Sessions remove his recusal and limit the scope of the Investigation.
- Both acts were related and tried to prevent the Investigation from continuing.
- Based on the evidence the people charged with following out the President’s orders would not be charged. However, the finger of attempted Obstruction of Justice resides with the President. P158
- The last paragraph of this page , lays out Obstruction case.
- Targeted efforts remove Special Counsel , requesting the AG to revise & limit scope of Investigation, trying to prevent 6/9/16, Trump Tower meeting information from coming out.
- Next, The President used public forums to attack or praise witnesses to skew their testimony favoring him. He intended to reward them, if they lied on his behalf and if they didn’t, they were threatened. The President knowingly Obstructed Justice and potentially influenced members of the Grand Jury by using the Bully Pulpit.
22. After laying out the Legal defense of Obstruction of Justice, Mueller concludes that bringing Obstruction of Justice charges is proper. Since the President used corrupt efforts to use his official powers to curtail, end or interfere with an investigation. Mueller recommends proceeding with Obstruction of Justice charges.
- 23. Mueller tells us which Statutes to use, when proceeding with the Obstruction Case. The Law, 18 U.S.C. , 1512 (c) provides. Whoever corruptly alters, destroys, mutilates or conceals a record , document or other document or attempts to do so , with the intent to impair the objects integrity or availability for use in a proceeding or
- 24. Otherwise Obstructs , Influences or impedes any official proceeding or attempts to do so
- 25. Shall be fined under this title or imprisoned, not more than 20 yrs. or both.
- This Law applies to all corrupt means of obstructing a proceeding, pending or contemplated.
- Including by the use of official power. Congress has specifically prohibited witness tampering. Trump has done that a number of times. Action 1512(c)1 specifically includes the requirement that the defendant act with the intent to impair the object’s integrity or availability for use in an official proceeding.
- A requirement that Congress also included in 2 other sections of 1512(b)2(B) use of intimidation, threats, corrupt persuasion, or misleading conduct with intent to cause a person to destroy an object , with the intent to impair the integrity or availability of the object for use in an official proceeding.
- There is a difference between intent and corrupt.
- To appear before Congress in an Obstruction of Justice case the person does not need to have corrupt intent he or she merely has to intend to impair a proceeding.
- Congress acted purposely when they looked at conduct Section 1512(c)(2), addresses conduct specifically. Obstructing, influencing or impeding a proceeding.
- The purpose of mentioning these sections of the Law, is clarification. In sections, 1512(c)(1) vs 1513(c)(2) , they are coequal when determining conduct. Destruction of physical evidence with intent to impair, as well as conduct that intends to impair a proceeding. If you do both, that’s worse. But one or the other is appropriate for Congress to proceed with the Obstruction of Justice Case.
- 1512(c)(2) Therefore, the Courts have broadly defined Obstruction and look at Obstruction in any form.
- The President’s conduct personally took many forms. From personal insults to praise , to using Social Media, to using surrogates to carry out his dirty work, to going to the newspapers though he calls them ” enemies of the people”, he has no problem using them, when he wants to subvert justice. Trump uses the printed press or TV, to get his message out.
- 26. Section 1512(c)(2) can be used against Barr and Minuchin as well for conduct that impedes , obstructs or Influences any official proceeding.
- 1513(c)(2) has been used in the courts and upheld convictions for conduct that thwarted investigations or arrests.
- Whereas (c)(1) is used for conduct that impairs the availability or integrity of documents or records.
- The other basis for impeachment under Obstruction of Justice or high crimes and misdemeanors, relates to tipping off the people being investigated and thereby hampering the Grand Jury process.
- Therefore, 1512(c)(2) refers to corrupt acts including public officials that threaten the Commencement or conduct of a proceeding and not just the acts that make evidence unavailable or impair the integrity of a proceeding.
- These are grave and serious discoveries on my part. I am not an attorney, yet, I understand that the President can be brought before Congress on serious charges of Obstruction of Justice and High Crimes & misdemeanors. When, by his conduct he intended to hinder the ongoing investigation of the Special Council and additionally , by his continued Public Campaign, may have thwarted the cases brought before the Grand Jury by interfering directly in witness testimony. Very serious! P156-163.
- The legal case to proceed with Impeachment in Congress. It is the People’s obligation and their right to demand Justice.
- Mueller continues to lay out his legal case on p163 directing us to 18 U.S.C. Section 1503, it generally prohibits conduct that interferes with the administration of Justice.
- Section 1512(c)(2) in Federal Obstruction of Justice Statutes captures corrupt conduct, other than document Obstruction, that has the natural tendency to obstruct, contemplated as well as , pending proceedings. This Law overlaps with Section 1503 which is pending grand jury and judicial proceedings & 1505 pending administrative & Congressional proceedings. In Section 1519, the Law states (The witness merely has to have the intent to obstruct Justice ,even if unsuccessful. Congress doesn’t need to prove a link between intent and conduct , as long as the Conduct was seen to be directed at skewing the official proceedings.
- When charging, Mueller recommends noting the overlap between 1503,1505 & 1519, meaning that section 1512(c)(2) may be broadly interpreted.
27. Congress enacted Section 1512(c)(2) as part of the Sarbanes Oxley act of 2002, under George W Bush. Tampering with a record or otherwise, impeding an official proceeding. Section 1512(c) was added by the Senate to close loopholes, such as document shredding. Both houses of Congress memorialized the unambiguous statutory text.
- Therefore, both houses of Congress memorialized 1512(c)(2) prohibiting corruptly, obstructing, influencing, or impeding any official proceeding or attempting to do so. The Senate Committee explained that : the purpose of preventing an Obstruction or miscarriage of justice, cannot be fully carried out by a simple enumeration of the Commonly prosecuted Obstruction offenses.
- There must also be protection against the “rare type of conduct that is the product of the inventive criminal mind” and which also thwarts justice. This was verbatim. It’s disingenuous for any branch of Government to call this investigation a witch hunt or partisan, since the Law was written and ratified by both houses of Congress in 2002 with a GOP MAJORITY!
28. The Supreme Court has deferred to Congress in defining crimes and giving fair warning of what a criminal statute prohibits. However, Congress’ interpretation supersedes all others, because it assumes the person had the intent to obstruct justice in mind.
- Justice Scalia agreed with Congress and the interpretation “it denotes an act by an official that is inappropriate or inconsistent with official duty, giving them the advantage and influences the rights of others. Paraphrase p166.
29. Other Obstruction might apply to the conduct in this investigation. However, Mueller laid out his Case for Congress to act based on the Merit of the case Law.
30. The President has the obligation to take care that the Laws be faithfully executed. His behavior makes a mockery of our Laws and the Constitution. Those powers and duties form the basis of prosecutorial discretion.
- The President’s powers coexist with Congress , when they do not coexist to protect “we the people” from a President who obstructs justice and has the intent to harm Grand Jury proceedings and other investigations , than the two branches of Government must separate.
- The Law is clear, if the President in his official capacity , attempted to impede, interfere, influence the outcome of an official proceeding, or inquiry, any committee or subcommittee is empowered , in either house or jointly, to bring an action of Obstruction Justice! Therefore, Congress has the ability to regulate the President’s actions without harming his official capacity.
31. Congress May criminalize certain obstructive conduct of a President, if found to be suborning perjury, intimidating witnesses or fabricating evidence . All these occurred, time and again, from before taking office till the present.
- Personal Commentary on the President’s Policies and their affect on Americans. The President has lied and because he has lied perpetually to the American people, the people have become weary and are unwilling to take action , though to not take action will empower this President and his cronies to do worse things to “We the People and our Nation”. Overturning the ACA & fracking near Yosemite? Not to mention trashing of our regulations providing for clean water and air.
- Further, America has become the worst example of “income inequality” in “civilized” Western societies. Our human problems are so dire, Sir Angus Deaton, (2015 Nobel Laureate, Economics) is tasked with studying America & Americans, to prevent the deaths, the trauma, the Opioid addiction and over all despair seen in America, from occurring in Great Britain.
- 32. Separation of Powers Principles, Support the Conclusion that Congress May validly prohibit Corrupt Obstructive Acts carried out through the President’s official powers. p171 or 383 of the entire “pdf”. Mueller concluded that Congress May make a case for Obstruction of Justice without harming the President’s Article 2 functions. That’s the case.( P171 or p 383. Depending on whether you’re reading volume 2 or the entire “pdf”).
33. The Supreme Court’s separatism Of Powers balancing test applies in this Context.
- The Supreme Court has upheld that they are entitled to archival Presidential records, despite a claim by the President of Privilege.
- Additionally, even when we take the many powers of the President into account, Congress ‘ powers , and in its separate role in making Laws, give it substantial authority to determine, if the President’s Policy was just & proper. Congress May regulate the President’s ability to Act on his policies , if not on his ability to function. (P 173 /p385)
- Nothing in the Constitution states the President May use the power of a pardon to act corruptly or falsely. Congress has the Power to prohibit the corrupt use of anything of value to influence the testimony of another person in a judicial, congressional or investigative proceeding.
- Noting the Law, 18U.S.C. Section 201(b)(3) which would include the offer or promise of a pardon for providing false testimony or not testify at all. The offer of a pardon would proceed the act and thus be within Congress power to Regulate, even if the Act Of Pardoning is not. Therefore, this too, falls under the purview of the Obstruction of Justice statutes and does not interfere with separation of powers. According to, and in support of , The Supreme Court has found no instance where charging a President with Obstruction of Justice interferes with s President’s Powers. The President has no more right than an ordinary citizen to impede official proceedings by corruptly influencing witness testimony. (Page 173 or p386) The conduct is improper.
- Congress as a body has failed to Regulate the removal or the qualifications of members of the Executive Branch. There are no job descriptions for the President and his Cabinet. Cabinet members may be crooks & thieves, have conflicts of interest and even destroy the Institutions they were sworn to uphold. There has never been a limit imposed on chicanery.
- We went through the first Gilded Age. It took a lot for FDR to restore men to work, impose new Laws for the People’s safety and then we embarked on WWll, no one ever took the time to create job descriptions for the People’s Representatives, they were too busy making progress ! I know first hand how that feels, I was forever avoiding making job descriptions, though my son kept telling me they were necessary.
34. Very interesting, though Congress may not remove or add Senior officers or Cabinet members, they may appoint junior officers to oversee Cabinet members as stated in the Constitution.
- Inferior officers are the head of the FBI and the Special Counsel, each of whom reports to the AG. Therefore, the President had no right to remove Comey or Sessions, since his purpose was to obstruct justice.
- The President may do a lot , as long as it’s not for corrupt purposes or for personal power.
35. The Congress has power to protect Congressional, Grand Jury and Judicial Proceedings against Corrupt acts from any source. Therefore, Congress is entitled to a totally unredacted copy of Mueller’s Report.
- There is no argument, this is a proper request to safeguard the Law and within Congress’ purview. The Obstruction of Justice statute necessitates that all material be made available to protect among other things, the integrity of its own proceedings, Grand Jury Investigations and Federal Criminal trials.
- No one wants to go to these lengths of Charging the President with Obstruction of Justice. However, unless or until they do, they are not entitled to a full unredacted copy of the Mueller Report. We don’t need to “spin our wheels “, to prevent name calling of the House as partisan Democrats and to preserve the Rule of Law and the Integrity Of our Democracy, we the People must take another stand for Justice. In our own defense, for our own salvation we must call for Impeachment on the Grounds of Obstruction of Justice.
- Going back to 1831 there is a long precedent for maintaining the rights of Congress to act appropriately to save its own legislative functions. It may act against a President who would impede fact gathering and lawmaking efforts. Congress also has the power to protect the judiciary from obstructive acts by the Attorney General.
- In the Supreme Court case against Nixon , the need to safeguard judicial integrity is a compelling Constitutional imperative. Noting : that the denial of full disclosure of the facts surrounding relevant communications of the President, threatens the Integrity of the judicial system and public confidence in the system.
- Ultimately, justice will be done. Richard Nixon’s AG, John Mitchell, was found guilty of Obstruction of Justice. He blocked the release of the Pentagon Papers and was found guilty of Obstruction of Justice and jailed.
36. Mueller writes we are entitled to see the Grand Jury Investigation to determine, if others should be indicted . That’s vital to the criminal justice process. Mueller categorically states, that Congress must pursue the statutes of Obstruction of Justice, on the President, to protect the integrity of important functions of other branches of government. Mueller must have been profoundly moved by the evidence establishing Obstruction of Justice by the President, since , by this indictment and he calls upon Congress, to Impeach the President of the United States on the grounds of Obstruction of Justice in their broadest terms.
- It is imperative that “we the People” support the actions of the House Judiciary Committee. To do less , after knowing the facts would be a crime. (P177 or p 389)
37. After reading Mueller’s legal brief, calling upon Congress to start Impeachment-proceedings , I am convinced that everyone in this land must call upon Congress, to commence Impeachment and it is every attorney’s responsibility, who is expert in these matters, to assist the Congress to the best of their ability, to assure that the President is given a speedy , thorough and fair due process. No less than our Democracy and our survival depends on this.
38. We are not harming the President by investigating his actions. Through direct or indirect action by the President, to end a criminal investigation into his own or his family members conduct, to protect against personal embarrassment or legal liability, would constitute a core example, of corrupt motivated conduct.
- So, too, would action to halt an enforcement proceeding that directly and adversely affected the President’s Financial Interests for the purposes of protecting those interests. (P178 or p390.)
- The President’s official power is being used to protect his personal interests. No person in this country is so high that he is above the Law! United States vs Lee 1882, Clinton vs Jones or United States vs Nixon, Supra
- p183 or p 395, begins Appendix A & Mueller concludes his Investigation after approximately 2 yrs.which began on 5/17/17.
39. Appendix B is a Glossary of referenced persons , organizations and acronyms. All worthwhile “refreshers Of information” and an understanding of the scope of the Mueller Report. The Russian connections outweigh the American principals involved.
40. Appendix C, Restates Mueller’s strategy. It appears from the redaction on p 418 , Trump is the subject of the Grand Jury Investigation. Mueller considered issuing a subpoena for his testimony, but wrapped up the case instead. He knew that he had sufficient information from other sources, to allow him to draw relevant factual conclusions on intent and credibility, which are often inferred from circumstantial evidence & assessed without direct testimony.
- As part of the Appendix C, are the written questions asked of Trump, to be responded to under oath. Besides the Legal roadmap setting up the validity of an Impeachment proceeding for Obstruction of Justice, Appendix C’s questions, for the President are a legal route to discovery. These questions are mostly answered under both volumes 1 & 2, referring to Russian Collusion and the case for Obstruction.
- We know from corroborated testimony, that Donald Trumps answers to Mueller’s question on the June 9 th meeting, is a lie.
41. Appendix D p444 states, Harm to Ongoing Matter.
- Titled: Investigation ongoing; re: Manafort & his connections with Ukrainian ex President.
- Info on Roger Stone is redacted. Referrals to the FBI can be gathered independent of the AG, by Congress, because the FBI is considered an inferior members of the Administration.
- Of 14 people referred to the FBI or other appropriate Law enforcement entities , criminal activity was identified, but outside the scope of the Special Counsel. 13 persons are redacted by Barr, the current AG.
- My conclusions:
- 1. Congress should continue empowering the Grand Jury and seek all relevant testimony!
- 2. Congress should Impeach Trump, in order to obtain the total unredacted work product of the Special Counsel
- 3.The scope of Mueller’s Investigation is enormous and encompasses approximately 140 individuals, 70% are Russian.