Thread by @rgoodlaw

Difficult to exaggerate amount of work we put into this.

United States v. Donald J. Trump - Model Prosecution Memo

Thanks to astounding colleagues @AWeissmann_ @JoyceWhiteVance @NormEisen @FredWertheimer @SivenWatt @Edanyaperry @StantonLaw Joshua Kolb

justsecurity.org/86771/model-pr…

2. A stronger statement in this 2d edition:

"The authors have decades of experience as federal prosecutors and defense lawyers, as well as other legal expertise. Based upon this experience and the analysis that follows, we conclude that Trump should–and likely will–be charged."

3. Key to the analysis is to compare apples to apples:

We provide a sweeping account of past Department of Justice precedents for indicting similar conduct under the Espionage Act 18 U.S.C. § 793(e) and 18 U.S.C. § 1924.

Tables of past cases (starting on page 138 of the memo)👇

4. "The DOJ precedent indicates that to decline to bring a case against Trump would be treating Trump far more favorably than other defendants, which would be antithetical to the rule of law and the principles of the Justice Manual."

5. Our charts are favorable to FPOTUS Trump. They consider purely "retention" cases.

If Special Counsel can prove Trump disseminated National Defense Info (18 USC § 793(e)) or classified info (18 USC § 798) to others, the case for prosecution is even stronger (to put it mildly).

6. We add investigative journalism since 1st edition in Nov 2022. Including reports pointing to dissemination of national defense/classified info via:

@maggieNYT
@alanfeuer
@jonathanvswan
@kpolantz
@PaulaReidCNN
@kaitlancollins
@DevlinBarrett
@jdawsey1
@hsu_spencer
@PerryStein

7. Thanks to USG docs and great journalism, we provide a comprehensive, chronological summary of publicly available facts to date.

I personally go back to that 'facts section' when thinking how a new data point fits in.

Executive Summary captures essence of the project.

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