Mar-a-Lago Model Prosecution Memo (Just Security)

[Nevilledog]

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Laurence Tribe

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DOJ should study this comprehensive Mar-a-Lago prosecution memo prepared by a superbly qualified team of experts. Despite its deliberate modesty, the memo leaves no doubt that Trump should now be charged and put on trial for grave crimes against the U.S.

justsecurity.org
Mar-a-Lago Model Prosecution Memo
The authors have decades of experience as federal prosecutors and defense lawyers. They conclude there is a strong basis to charge Trump.
7:41 AM · Nov 17, 2022

https://www.justsecurity.org/84168/mar-a-lago-model-prosecution-memo/

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)

Based on the publicly available information to date, a powerful case exists for charging Trump under several of these federal criminal statutes.

*snip*

[Irish_Dem]

1. Legal experts trying to shame DOJ into doing the right thing.

PS. I hope it works.

[triron]

5. Beginning to wonder about garland.

Does he mean what he says?

[Irish_Dem]

6. Look at his feet, not his lips.

Anyone can talk the talk.
But can he walk the walk?

[sarcasmo]

2. "Should be"

[LetMyPeopleVote]

3. I just started reading this prosecution memo

It is very well done.

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[triron]

4. What will garland do with it?

[Nevilledog]

7. Everything from Just Security is worth the read

[LetMyPeopleVote]

8. I agree with you