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United States v. Donald Trump - Just Security
A "Model Prosecution Memo" on the Conspiracy to Pressure Vice President Pence
www.justsecurity.org
2.22.22
Preface
The following memorandum is a model “prosecution memo” analyzing potential charges against former President Donald Trump for his efforts to pressure Mike Pence to abuse his authority as vice president in an attempt to overturn the 2020 presidential election on Jan. 6, 2021. Prosecution memos are prepared by attorneys in criminal cases at the Department of Justice to summarize the evidence and their legal theories for prosecution. Prosecution memos enable supervisors and others in the chain of command to review the evidence, anticipate defenses, and assess the strengths and weaknesses of a criminal prosecution.
A "prosecution memo" composed by former Federal prosecutor and current Professor from Practice at the University of Michigan Law School examines how to prosecute former President Donald Trump for his efforts to pressure former Vice-President Mike Pence to overturn the 2020 presidential election on Jan. 6, 2021. The pressure applied by Trump was predicated on a false assertion of massive fraud in the election. Trump knew that the fraud assertion was patently false. The McQuade memo demonstrates that on information available solely in the public domain, enough evidence already exists to prosecutre Donald Trump for violation of at least two federal criminal statutes: conspiracy to defraud the United States and obstruction of an official proceeding. A grand jury hearing and subpeona's could (and would) collect additional evidences. Prosecution memos are oftentimes compiled to show the strengths and weaknesses of a case. They serve to help the DoJ in deciding whether to prosecute, exactly what to prosecute, how to prosecute, and reasonable expectations.
Everyone should set aside some time and give this document a read.