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.
Jan 4: Eastman, Trump’s apparent legal rep (co-conspirator, per judge Carter) admitted in front of Trump that Pence would have to violate federal law to enact their plan.
"It is possible that the DOJ could elect to charge Trump with obstruction based solely on his own (and Eastman’s) efforts to pressure Pence to ignore his legal duties. A lead DOJ prosecutor verified the viability of that theory..." justsecurity.org/81597/prosecut…
3. It was thanks to @joshgerstein's reporting in this piece👇that discussed the lead Justice Dept prosecutor's verifying the viability of this theory of liability for President Trump.
2. In May, federal prosecutors sent grand jury subpoenas to potential witnesses seeking their communications with “any member, employee or agent of Donald J. Trump” as well as their communications with the Trump campaign.
3. On June 7, 2022, in a civil case, a federal district court judge described the alternate electors scheme as “a critical objective” of the criminal conspiracy in which President Donald Trump and lawyer John Eastman more likely than not engaged.
2. Shortly before Sterling's remarks, "people who identified themselves to police as Oath Keepers – a far-right militia group that has supported Trump’s bid to overturn the election – were found outside the Raffenspergers’ home."
In urging Trump to defuse situation, Cipollone warned Trump he could face legal liability for having urged the march on the Capitol
1/
2/ When Trump considered issuing preemptive pardons for Meadows, Giuliani, and himself, Cipollone reportedly warned that could constitute obstruction of justice.
2. Rosen can provide many insights including into this scheme that went to the heart of Trump-Meadows-Clark’s attempt to use the Justice Department to overturn the election.
A key federal criminal statute: 18 USC §610, Political Coercion Act