Thread by @rgoodlaw

NYT headline and reporting again, with precision, nails key development in #January6thHearings.

I asked 8 former prosecutors, senior DOJ officials to analyze implications for Trump’s criminal liability.

NYT:
nytimes.com/2022/06/16/us/…

8 former DOJ:
justsecurity.org/82001/8-top-fo…

1/

2/
The scheme: Effort to pressure Pence.

The new evidence: Trump was told Pence would violate law if tried it. Trump pressed ahead anyway

Key federal offenses:

1. Obstruction
2. Conspiracy to defraud US
3. Conspiracy to Prevent an Officer from Discharging Duties, 18 USC § 372

3/ The third one – Conspiracy to Prevent an Officer from Discharging Duties – deserves special emphasis b/c it’s often overlooked in public commentary.

@emptywheel was very first, I am fairly sure, to identify its importance

DOJ charged Proud Boys and Oath Keepers with it.👇

4/ 8 former prosecutors, senior DOJ saw significance in #January6thCommittee's new evidence for one or more federal crimes.

To parse their analysis think about

threshold for DOJ investigation
how DOJ could develop/expand evidence
threshold for indictment and for jury to convict

5/ New evidence also erodes potential defenses:

@LBNewHaven: "any possible advice of counsel defense crumbles"
@KPNatsFan: "removes the possibility that he could argue he acted under the advice of counsel"
Stuart Gerson: "utterly negates any defense that…somehow lacked intent"

6/ Committee's new evidence helps DOJ w/this:

@BarbMcQuade:"DOJ should consider immunizing [Eastman, Meadows] to get their testimony"
@ChrisMatteiCT:"Prosecutors will likely seek the testimony of others…or Eastman’s testimony pursuant to a cooperation agreement and guilty plea"

7/7 Read the new evidence and each of the former DOJ officials' brief commentaries, and each analysis with its own nuance and insights.

@BarbMcQuade
@ChrisMatteiCT
@JenGRodgers
@JoyceWhiteVance
@KPNatsFan
@LBNewHaven
Mary McCord
Stuart M. Gerson

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justsecurity.org/82001/8-top-fo…