The report goes beyond prior analyses to provide the first in-depth treatment of the voluminous publicly available evidence and the relevant law, including possible defenses. It reviews the evidence as to whether Trump as a matter of law conspired with his outside counsel John Eastman, administration lawyer Jeffrey Clark, and others to defraud the United States in violation of 18 U.S.C. § 371 by scheming to block the electoral count on January 6, 2021 and to subvert the Department of Justice’s election enforcement work. The report similarly reviews the evidence as to whether Trump and Eastman violated 18 U.S.C. § 1512(c) with their scheme to obstruct the congressional count.
While the report is primarily focused on possible federal offenses that the hearings are expected to illuminate, it also notes evidence potentially probative of state criminal violations that the hearings will consider. Fulton County, Georgia is one jurisdiction currently investigating such evidence, and the report addresses the factual and legal aspects of that investigation and how it will be advanced by the Congressional hearings. (The Georgia investigation is also the subject of a separate report by some of the publication’s authors.)
The report’s review of well-established law and public record evidence as it exists today leads the authors to believe that there is substantial evidence of all the essential elements of those federal and state offenses and suggests there is a substantial basis for prosecutors to go forward. Accordingly, the report considers whether the Committee will send prosecutors an evidentiary “road map” or even formal criminal referrals as among the possible legislative and other outcomes following the hearings. The decision whether to make such referrals rests with the January 6 Committee and the ultimate determination whether to prosecute must be made by the Department of Justice—and for Georgia state offenses, by the Fulton County District Attorney. But the issues bearing on those judgments are among the most important open questions as the Committee does its work and as prosecutors weigh next steps. Our report’s analysis is intended to help readers evaluate all those proceedings going forward.
A report reviewing the substantial evidence that Donald Trump conspired to defraud the United States in violation of 18 U.S.C. § 371, by scheming to block the electoral count on January 6, 2021.
www.brookings.edu
This report is tremendously informative in explaining the statutes behind the crimes Trump committed and the evidence of his (and other's) guilt.
Hey Pally why not STFU already.We now have confirmation that
there was a Deep State started by Obama.That Obama did spy on
Trump and Co. and used a Faux dossier { The Steele Dossier } in order
to FRAME candidate Trump.Then The FBI in order to further frame him
both at his Trump Plaza and with the Obama/Rice,Biden/Comey
and Sally Yates special Obama Oval Office meeting { January 5th.2017 |
2 weeks before Trump's inauguration.
Where Obama used the words { " go by the book " }
Sussmann's recent acquittal is also the latest proof that
there was a Deep State.And that Sussmann had a special
card { pass } to get into the FBI offices.
That was just discovered.
We already know about the Fake Russian Collusion
Mueller Special Counsel.
I mean,talk about firthand definitive proof.NOT some
Made for TV version of coulda,woulda,shoulda happened on
January 6th.
Talk about brazen drunk on Power moves.
The American electorate is not buying Bub.
Yer not barking up the wrong tree.
Yer barking at whoever nursemaids you.STILL.