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Group of legal superstars prepares model "Prosecution Memo" making massive case for indicting Trump [1]

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Date: 2022-11-18

They don't even have to be classified for this to be a crime.

Group of legal superstars prepares model "Prosecution Memo" making massive case for indicting Trump on six sets of crimes.

by: Andrew Weissmann, Ryan Goodman, Joyce Vance, Norman L. Eisen, Fred Wertheimer, E. Danya Perry, Siven Watt, Joshua Stanton, Donald Simon and Alexander K. Parachini. Descriptions of this impressive team are here:

The entire memo is here:

www.justsecurity.org/…

"This model prosecution memorandum (or “pros memo”) assesses the potential charges against former President Donald Trump emanating from his handling of classified documents and other government records since leaving office on January 20, 2021. It includes crimes related to the removal and retention of national security information and obstruction of the investigation into his handling of these documents. The authors have decades of experience as federal prosecutors and defense lawyers, as well as other legal expertise. Based upon this experience and the analysis that follows, we conclude that there is a strong basis to charge Trump.

Before indicting a case, prosecutors prepare a pros memo that lays out admissible evidence, possible charges, and legal issues. This document provides a basis for prosecutors and their supervisors to assess whether the case meets the standard set forth in the Federal Principles of Prosecution, which permit prosecution only when there is sufficient evidence to obtain and sustain a prosecution. Before a decision is made about this matter, prosecutors will prepare such a memo.

But such a DOJ memo will be confidential, in part because it will contain information derived through the grand jury and attorney work product. Since that document will not be publicly available, we offer this analysis. Ours is likely more detailed than what DOJ may prepare internally. But, given the gravity of the issues here, our memo provides a sense of how prosecutors will assemble and evaluate the considerations that they must assess before making a prosecution decision.

Our memo analyzes six federal crimes:

Mishandling of Government Documents

1. Retention of National Defense Information (18 U.S.C. § 793(e))

2. Concealing Government Records (18 U.S.C. § 2071)

3. Conversion of Government Property (18 U.S.C. § 641)

Obstruction, False Information, Contempt

1. Obstruction of Justice (18 U.S.C. § 1519)

2. Criminal Contempt (18 U.S.C. § 402)

3. False Statements to Federal Investigators (18 U.S.C. § 1001)"

Pressure on Trump, pressure on Merritt Garland. The case for indicting Trump six ways from Sunday is vast.

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[1] Url: https://www.dailykos.com/stories/2022/11/18/2137025/-Group-of-legal-superstars-prepares-model-Prosecution-Memo-making-massive-case-for-indicting-Trump

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