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This Model Prosecution Memo (264 pp.) published by @just_security and authored by @NormEisen, @NoahBookbinder, @DonaldAyer6, @StantonLaw, @Edanyaperry, @DebraPerlin, and Kayvan Farchadi, is an extraordinary, compelling -- and historic -- prosecutorial analysis of the offenses
President Trump could be charged with as a result of his effort to overturn the 2020 presidential election and the January 6 insurrection on the U.S. Capitol that obstructed and prevented the Joint Session from counting the electoral votes for the American presidency that day.
The authors meticulously and exactingly analyze each individual element of each separate offense, amass the publicly known evidence that supports each individual element of each of the separate offenses,
and conclude that "there likely is sufficient evidence to obtain and sustain" convictions for the offenses analyzed, which is the Department of Justice's standard for charging federal crimes.
The authors emphasize that Jack Smith has vastly more information and evidence in his possession than is publicly available to them.
Perhaps most notable is the authors' painstaking and comprehensive analysis of the former president's culpability under 18 U.S.C. § 2383 for inciting, setting on foot, assisting, engaging in, or giving aid or comfort to, an insurrection against the authority of the United States.
A person convicted under 18 U.S.C. §2383 "shall be incapable of holding any office under the United States."
The authors explain why the former president would not have a First Amendment defense to this charge, were it to be brought against him.
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