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AmericaSpeaks TheVoiceOfJoyce #Mueller Report Volume 2 #Obstruction Of Justice Case pending #Impeachment, my notes 5/15/19

jaslvr

 

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

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.

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.

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.

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.

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.  

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.

9. In analyzing the President’s direction to McGahn,  to remove the Special Council , the following,  is evidence to Obstruction of Justice.

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.

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.

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.

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?

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.

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! 

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?

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.

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. 

20. It is important to view the President’s behavior as the whole. Not just Flynn & Comey. What has he done?

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.  

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.

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.

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.

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.

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.

33. The Supreme Court’s separatism Of Powers balancing test applies in this Context. 

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. 

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.

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. 

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. 

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.

41. Appendix D p444 states,  Harm to Ongoing Matter.

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