A draft of the lawsuit published on Thursday by a group of American legal experts lays out the allegations against Donald Trump in relation to the former Republican president and the administration of the presidential candidate of 2024 in government documents since he left office last year.
“The Trump administration is far worse than most of those cases in the past and has a lot of complications.”
The memo, based on publicly available information, by a group of former federal prosecutors, defense attorneys, and other legal experts, is published in Common security.
Before filing a lawsuit, prosecutors put together a detailed memo that lists the evidence that will be allowed, possible charges, and legal issues related to the case. According to experts, that document then “provides a basis for prosecutors and their investigators to assess whether the case meets the standard set forth in the Federal Procedures for Prosecution, which agree to prosecute when there is sufficient evidence to obtain and maintain a conviction.”
Ryan Goodman, a former Pentagon special counsel, current New York University law professor, and author of the new memo, said the “complete overhaul of the previous lawsuits filed under the criminal law surrounding Trump shows the complexity. the Justice Department will agree to file charges here.”
“The Trump administration is far worse than most of those cases in the past and many of the more disturbing things that one finds in cases brought under the Espionage Act’s retention clause,” he said. Goodman.
The controversial Espionage Act is a World War I law used to prosecute whistleblowers and whistleblowers from Eugene V. Debbs, Emma Goldman, and Julius and Ethel Rosenberg to Daniel Ellsberg, Chelsea Manning, Julian Assange , Edward Snowden, and Reality Winner.
The Federal Bureau of Investigation is currently looking into violations of the Espionage Act by Trump, who found classified documents allegedly related to the nuclear weapons of a foreign country.
Democracy 21 President and memo author Fred Wertheimer said “Trump’s status as a former president and a current presidential candidate was irrelevant by Attorney General Merrick Garland in deciding whether to impeach Trump.” “
“Garland’s decision must be based on the facts, the law, and the standard of applying the law equally for all citizens, as described in our report,” he added. . “The process is well advanced to begin again with a special counsel to lead the investigation.”
The memo analyzes six federal crimes:
- Retention of nationally protected information (18 USC § 793(e));
- Concealment of government records (18 USC § 2071);
- Conversion of government property (18 USC § 641);
- Obstruction of justice (18 USC § 1519);
- Criminal contempt (18 USC § 402); a
- Making false statements to government investigators (18 USC § 1001)
“Based on public information to date, there is a strong case for impeachment against Trump under some of these federal criminal laws,” the memo said.
The authors of the text explain that “they start with the standard mentioned” by Garland: “‘To uphold the rule of law is to use the law properly, without fear or favor.’ In other words, this case must be reviewed for trial in the same manner as any other case involving similar evidence, regardless of the fact that it involves the conduct of a former president of the United States.”
Memo author and Brookings Institution senior fellow Norman L. Eisen said “if anyone else had handled even a highly classified document like this, it would have been subject to prosecution and prosecution.”
“Donald Trump misled most of them,” Eisen said. “No wonder prosecutors are closing in.”
The authors of the memo are going through “every obstacle we can,” Trump said.
“It’s our decision,” wrote Goodman, “none of these defenses can provide complete or effective protection.”