, 17 tweets, 3 min read Read on Twitter
The reason threads like @SollenbergerRC ’s are so useful is that alleging a narrative based on known facts is what fed'l prosecutors do. 1/
What Feds DON'T do is try to throw as many crimes as they can into an indictment. Instead, the approach is “Whole Concept.” Why? 2/
Best indictments create a persuasive narrative thru juxtaposed facts. Also, fed’l sentences are based on conduct charged, not penalties. 3/
This is one reason why Pence would NOT be charged with Misprision of Felony based on his lies about Comey's firing. Here is the other 4/
Pence would not be charged for Misprision for lying about Comey's firing, because misprision only applies to crimes that are OVER. 5/
As @SollenbergerRC's thread shows, the White House Conspiracy to Obstruct Congressional & Grand Jury proceedings is still ONGOING 6/
All knowing participants,Trump, VP, Priebus, Kushner, McGahn, could be charged in this conspiracy if GJ finds probable cause 7/
In complex indictments, Feds allege a narrative w/introduction, background & identification of parties. Then turn to charges (counts).8/
First one is usually overall conspiracy. Conspiracy to obstruct justice is usually not one act, but many, so time frame could be months 9/
E.G., A conspiracy to obstruct justice v. Trump, Pence, Kushner etc could begin, “From no later than Jan. 23, 2017 to indictment date" 10/
Then an indictment would allege “overt acts” by conspirators spanning time period. Acts can be innocent, non-innocent, or ambiguous. 11/
An overt act cd be e.g. “On or about Jan. 27, 2017 DJT called FBI Director Comey to a private dinner & told him ‘he needed loyalty.’” 12/
Another overt act might be: “On or about May 10, 2017, VP publicly stated that DJT had fired Comey on Rosenstein’s recommendation.” 13/
Not all conspirators have to commit an overt act. Defendants can join after conspiracy starts & needn't know what everyone else is doing.14
No express agreement is needed for a conspiracy; they're proved by circumstantial evidence. Juries are told to use common sense when 15/
when evaluating facts in light of law. We all need to do that. It really helps when writers like Roger put the facts together so well. 16/
BTW, don’t worry about coming up w/all kinds of statutes. #SC & team know exactly how to do this. They’re thinking "Whole Concept." End.
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