November 17, 2022
“A model prosecution memorandum published Thursday by a
team of U.S. legal experts lays out potential charges against Donald Trump
related to the former Republican president and 2024 presidential candidate's handling
of classified government documents since
he left office last year.
“The memo, which is based on publicly available
information, was authored by a group of former federal prosecutors, defense
attorneys, and other legal experts and published at Just Security.
“Before issuing an
indictment, prosecutors compile a pros memo listing admissible evidence,
possible charges, and legal issues pertaining to the case. According to the
experts, that document subsequently ‘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.’
“Ryan Goodman, a former
Pentagon special counsel, current New York University law professor, and
co-author of the new memo, said the team's ‘exhaustive analysis of all prior
prosecutions brought under the same criminal statute that most directly applies
to Trump shows how difficult it will be for the Justice Department to decline
to issue an indictment here.’
“‘Trump's conduct is indeed much worse than most of those
prior cases and involves a host of aggravating factors that one seldom sees in
cases brought under the Espionage Act's retention clause,’ Goodman added…
“The
memo analyzes six federal crimes:
- Retention of
national defense information (18 USC § 793(e));
- Concealing
government records (18 USC § 2071);
- Conversion
of government property (18 USC § 641);
- Obstruction
of justice (18 USC § 1519);
- Criminal
contempt (18 USC § 402); and
- False
statements to federal investigators (18 USC § 1001)
“‘Based
on the publicly available information to date, a powerful case exists for
charging Trump under several of these federal criminal statutes,’ the memo
argues...” (Common Dreams).
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