Model Prosecution Memo for Trump Classified Documents

[westwall]

Trump's lawyers met with the Justice Department today to beg the DOJ not to prosecute their client. Due to the surfeit of evidence of Trump's crimes surrounding classified documents, it is highly doubtful the attorneys succeeded in their mission.

Below is an analysis of what a prosecution memo will look like.

Model Prosecution Memo for Trump Classified Documents

The authors have decades of experience as federal prosecutors and defense lawyers. They conclude that the DOJ should–and likely will–charge Trump.

www.justsecurity.org

Before indicting a case, prosecutors prepare a prosecution memo (or “pros memo”) that lays out admissible evidence, possible charges, and legal issues. This document provides a basis for prosecutors and their supervisors to assess whether the case meets the standard set forth in the Federal Principles of Prosecution, which permit prosecution only when there is sufficient evidence to obtain and sustain a conviction. Before a decision is made about bringing charges against Trump (and co-conspirators, if any), prosecutors will prepare such a memo.

There is sufficient evidence to obtain and sustain a conviction here, if the information gleaned from government filings and statements and voluminous public reporting is accurate.


[snip]


Our memo analyzes six federal crimes in depth:

Mishandling of Government Documents
1. Retention of National Defense Information (18 U.S.C. § 793(e))
2. Concealing Government Records (18 U.S.C. § 2071)
3. Conversion of Government Property (18 U.S.C. § 641)

Obstruction, Contempt, False Information

1. Obstruction of Justice (18 U.S.C. § 1519)
2. Criminal Contempt (18 U.S.C. § 402)
3. False Statements to Federal Investigators (18 U.S.C. § 1001)

[snip]


Two of the authors of this model prosecution memo, Norman Eisen and Fred Wertheimer, were among the counsel for amici supporting DOJ’s position in litigation before the U.S. District Court for the Southern District of Florida, and the U.S. Court of Appeals for the Eleventh Circuit, related to the criminal investigation mentioned in this report.



You can read the full model pros memo here: https://www.justsecurity.org/wp-con...sified-documents-second-edition-june-2023.pdf

Model, as in completely made up. No indictment for anybody else but Trump and you fuckers think we believe any of the bullshit you post!

Hah!

 

[excalibur]

There is nothing to negotiate. The records are the property of the National Archives.

Understand the word "obstruction"?

Tell that to Øbama.

 

[BackAgain]

Wrong.

The records belong to the National Archives, not the former president.

Nice try.

Nobody said to whom they belong. What was discussed was possession.

And negotiations did take place.

You can argue that too. But you’ll be just as wrong.

 

[g5000]

First, the discussion starts with Trump’s resistance to the Government’s attempts to recover the documents. We recount the more than one-and-a-half-year effort on the part of the National Archives and Records Administration (NARA) and the Justice Department to recover the documents. Those efforts culminated in the FBI’s recovery of approximately 13,000 documents, including information on some of the nation’s most sensitive national defense programs, pursuant to a court-authorized search warrant for Mar-a-Lago (MAL). In this discussion, we also look at Trump aides who can provide testimony about his privately stated intent to retain the documents despite the Government’s efforts to recover them. This discussion includes Trump in late October or early November 2021 telling his advisers he would return the boxes of material in exchange for NARA releasing documents related to the FBI’s investigation into his 2016 campaign’s ties to Russia.

Second, the memorandum details several efforts Trump made to conceal the documents he retained at MAL. That conduct includes his efforts, personally or through agents, to obstruct the investigation and impede the Government’s ability to recover the documents. This included pressing his legal counsel Alex Cannon, in February 2022, to make false statements to NARA that all presidential records had been returned, which Cannon refused to do on the ground that he did not believe that statement to be true. As another example, Trump’s aide, Walt Nauta, told federal agents that, subsequent to the subpoena, Trump directed him to move boxes containing classified documents from the MAL storage room to the residence where Trump removed some of the documents before having the boxes returned to the storage room.

Third, we discuss evidence that Trump had knowledge that he had the government documents, and that he was directly involved in handling them. The discussion includes evidence that he personally helped pack government documents before leaving the White House in January 2021. It also includes evidence that, in December 2021, Trump helped decide which documents to return to NARA and packed the boxes himself with great secrecy. Several aides can testify that Trump told them, “it’s not theirs; it’s mine,” in reference to the documents he was retaining at the time. This discussion also includes several examples that Trump’s own counsel have provided to federal courts of Trump’s directing the response to NARA and the Justice Department.

https://www.justsecurity.org/wp-content/uploads/2023/06/just-security-model-prosecution-memo-trump-classified-documents-second-edition-june-2023.pdf

 

[g5000]

Tell that to Øbama.

Did you read your own graphic?

Clearly not.

There was no "negotiation" as to what records Obama would or would not return, moron.

 

[g5000]

Trump filed an official document he had returned all presidential records to their rightful owner, the National Archives.

He lied.

That's obstruction. Plain and simple and unequivocal.

 

[excalibur]

44 U.S.C. § 2205(3)

(3) the Presidential records of a former President shall be available to such former President or the former President’s designated representative.

44 U.S. Code § 2205 - Exceptions to restricted access

www.law.cornell.edu

So, much ado about nothing, thanks to Reichsleiter Garland.

 

[excalibur]

Did you read your own graphic?

Clearly not.

There was no "negotiation" as to what records Obama would or would not return, moron.

Jackass, there were negotiations, and clearly so when the Obama Foundation decided to pay the Archive to remove classified documents Obama had insecurely stored in a warehouse.

 

[g5000]

44 U.S.C. § 2205(3)

(3) the Presidential records of a former President shall be available to such former President or the former President’s designated representative.

44 U.S. Code § 2205 - Exceptions to restricted access

www.law.cornell.edu

So, much ado about nothing, thanks to Reichsleiter Garland.

Key words: "in the custody of the Archivist".

Dumbass.

 

[g5000]

Jackass, there were negotiations, and clearly so when the Obama Foundation decided to pay the Archive to remove classified documents Obama had insecurely stored in a warehouse.

There were no negotiations as to which records Obama would or would not keep.

Try to get that through your very thick obtuse head.

 

[excalibur]

There were no negotiations as to which records Obama would or would not keep.

Try to get that through your very thick obtuse head.

Yes, there were.

 

[g5000]

Yes, there were.

Please provide evidence.

 

[excalibur]

​

... the Obama Foundation not only acknowledged that it had classified White House documents in its possession but further revealed that they were stored in a facility that did not meet NARA standards for the proper storage of such items — the very issue that formed the basis of the Justice Department’s August raid on Trump’s Mar-a-Lago residence raid in its search warrant.​

​

In the missive dated Sept. 11, 2018, which is available on the Obama Foundation website, the Foundation agreed “to transfer up to [$3.3 million] to the National Archives Trust Fund (NATF) to support the move of classified and unclassified Obama Presidential records and artifacts from Hoffman Estates to NARA-controlled facilities that conform to the agency’s archival storage standards for such records and artifacts, and for the modification of such spaces.”​

​

The letter goes on to state: “The first transfer of $300,000 was already made on August 9, 2018. An additional interim transfer will be made within 180 days of that date. Subsequent payments are subject to the negotiation of terms of the digitization process and museum operations.”​

​

The Obama Foundation rented an abandoned warehouse from Hoffman Estates for the purpose of storing the documents, the Daily Herald reported, and last month extended the original lease to 2026.​

​

“This means that, as the debate over the supposedly classified documents at Mar-a-Lago is unfolding, the Obama Foundation is, at this very moment, storing classified documents in unused retail space in the suburbs of Chicago,” wrote PJ News journalist Matt Margolis, who further pointed out that the letter does not specify what, if any, measures are in place to protect the classified materials.​

Obama Foundation letter bolsters Trump claim that Obama has classified docs - FISM TV

The Obama Foundation rented an abandoned warehouse from Hoffman Estates for the purpose of storing the documents, the Daily Herald reported, and last month extended the original lease to 2026.

fism.tv

 

[John Edgar Slow Horses]

Our memo analyzes six federal crimes in depth:

Mishandling of Government Documents
1. Retention of National Defense Information (18 U.S.C. § 793(e))
2. Concealing Government Records (18 U.S.C. § 2071)
3. Conversion of Government Property (18 U.S.C. § 641)

Obstruction, Contempt, False Information

1. Obstruction of Justice (18 U.S.C. § 1519)
2. Criminal Contempt (18 U.S.C. § 402)
3. False Statements to Federal Investigators (18 U.S.C. § 1001)

 

[g5000]

Obama returned his presidential records to NARA.

Obama then requested that some of those records be scanned and digitized so replicas could be loaned to him to use in his presidential library.

Obama paid $3,300,000 for the cost of the digitizing and storage.

Which has FUCK-ALL to do with Trump hiding classified documents from NARA and lying about it.

 

[John Edgar Slow Horses]

Trump may well be indicted by June 15th.

 

[C_Clayton_Jones]

Trump's lawyers met with the Justice Department today to beg the DOJ not to prosecute their client. Due to the surfeit of evidence of Trump's crimes surrounding classified documents, it is highly doubtful the attorneys succeeded in their mission.

Below is an analysis of what a prosecution memo will look like.

Model Prosecution Memo for Trump Classified Documents

The authors have decades of experience as federal prosecutors and defense lawyers. They conclude that the DOJ should–and likely will–charge Trump.

www.justsecurity.org

Before indicting a case, prosecutors prepare a prosecution memo (or “pros memo”) that lays out admissible evidence, possible charges, and legal issues. This document provides a basis for prosecutors and their supervisors to assess whether the case meets the standard set forth in the Federal Principles of Prosecution, which permit prosecution only when there is sufficient evidence to obtain and sustain a conviction. Before a decision is made about bringing charges against Trump (and co-conspirators, if any), prosecutors will prepare such a memo.

There is sufficient evidence to obtain and sustain a conviction here, if the information gleaned from government filings and statements and voluminous public reporting is accurate.


[snip]


Our memo analyzes six federal crimes in depth:

Mishandling of Government Documents
1. Retention of National Defense Information (18 U.S.C. § 793(e))
2. Concealing Government Records (18 U.S.C. § 2071)
3. Conversion of Government Property (18 U.S.C. § 641)

Obstruction, Contempt, False Information

1. Obstruction of Justice (18 U.S.C. § 1519)
2. Criminal Contempt (18 U.S.C. § 402)
3. False Statements to Federal Investigators (18 U.S.C. § 1001)

[snip]


Two of the authors of this model prosecution memo, Norman Eisen and Fred Wertheimer, were among the counsel for amici supporting DOJ’s position in litigation before the U.S. District Court for the Southern District of Florida, and the U.S. Court of Appeals for the Eleventh Circuit, related to the criminal investigation mentioned in this report.



You can read the full model pros memo here: https://www.justsecurity.org/wp-con...sified-documents-second-edition-june-2023.pdf

Trump has only himself to blame.

 

[g5000]

​

... the Obama Foundation not only acknowledged that it had classified White House documents in its possession but further revealed that they were stored in a facility that did not meet NARA standards for the proper storage of such items — the very issue that formed the basis of the Justice Department’s August raid on Trump’s Mar-a-Lago residence raid in its search warrant.​

​

In the missive dated Sept. 11, 2018, which is available on the Obama Foundation website, the Foundation agreed “to transfer up to [$3.3 million] to the National Archives Trust Fund (NATF) to support the move of classified and unclassified Obama Presidential records and artifacts from Hoffman Estates to NARA-controlled facilities that conform to the agency’s archival storage standards for such records and artifacts, and for the modification of such spaces.”​

​

The letter goes on to state: “The first transfer of $300,000 was already made on August 9, 2018. An additional interim transfer will be made within 180 days of that date. Subsequent payments are subject to the negotiation of terms of the digitization process and museum operations.”​

​

The Obama Foundation rented an abandoned warehouse from Hoffman Estates for the purpose of storing the documents, the Daily Herald reported, and last month extended the original lease to 2026.​

​

“This means that, as the debate over the supposedly classified documents at Mar-a-Lago is unfolding, the Obama Foundation is, at this very moment, storing classified documents in unused retail space in the suburbs of Chicago,” wrote PJ News journalist Matt Margolis, who further pointed out that the letter does not specify what, if any, measures are in place to protect the classified materials.​

Obama Foundation letter bolsters Trump claim that Obama has classified docs - FISM TV

The Obama Foundation rented an abandoned warehouse from Hoffman Estates for the purpose of storing the documents, the Daily Herald reported, and last month extended the original lease to 2026.

fism.tv

Read your own link:

“The National Archives and Records Administration (NARA) assumed exclusive legal and physical custody of Obama Presidential records when President Barack Obama left office in 2017, in accordance with the Presidential Records Act (PRA),” public relations and communications officials at the National Archives said in an Aug. 12, 2022 statement, according to a Newsmax report.

“NARA moved approximately 30 million pages of unclassified records to a NARA facility in the Chicago area, where they are maintained exclusively by NARA,” they continued.


When Obama left office, NARA took custody of his presidential records.

You just keep flailing and failing, rube.

 

[g5000]

When Obama left office, NARA took legal and physical custody of his records.

Obama did not hide them. He did not obstruct NARA from taking custody.

The Obama red herring has FUCK-ALL to do with Trump's crimes.

Sorry, rubes!

 

[excalibur]

Read your own link:

“The National Archives and Records Administration (NARA) assumed exclusive legal and physical custody of Obama Presidential records when President Barack Obama left office in 2017, in accordance with the Presidential Records Act (PRA),” public relations and communications officials at the National Archives said in an Aug. 12, 2022 statement, according to a Newsmax report.

“NARA moved approximately 30 million pages of unclassified records to a NARA facility in the Chicago area, where they are maintained exclusively by NARA,” they continued.


When Obama left office, NARA took custody of his presidential records.

You just keep flailing and failing, rube.

No, they claimed to, but obviously they didn't, which is why classified documents were stored by Øbama in an unsecure warehouse.

Why else did the Obama Foundation have to pay the Archive to remove them and transport them to proper storage.

Is Russian or Chinese your first language?