Trump on trial: A model prosecution memo for federal election interference crimes

By | July 13, 2023

Norman L. Eisen et al write:

This model prosecution memorandum (or “pros memo”) assesses federal charges Special Counsel Jack Smith may bring against former President Donald Trump for alleged criminal interference in the 2020 election. The authors have decades of experience as federal prosecutors, criminal defense lawyers, and other legal expertise. We conclude that the evidence likely now meets Department of Justice standards to commence a prosecution. We base that conclusion upon a stream of recent disclosures in court filings and in the press that have come on top of the findings of the House Select Committee to Investigate the January 6th Attack on the United States Capitol (the “Select Committee”).

Our memo follows a common DOJ practice. Prior to indicting a case, federal prosecutors prepare a pros memo that lays out admissible evidence, possible charges, and legal issues. This document provides a basis for prosecutors handling the case and their supervisors to assess whether the case meets the standard set forth in the Principles of Federal Prosecution, which permit charges only when there is “evidence sufficient to obtain and sustain a conviction.”

Here, we conclude there likely is sufficient evidence to obtain and sustain a conviction of Trump for his three-step plan to overturn the election: [Continue reading…]

Follow by Email
Visit Us
Follow Me