{"id":513119,"date":"2022-11-20T14:00:00","date_gmt":"2022-11-20T11:00:00","guid":{"rendered":"https:\/\/en.buradabiliyorum.com\/for-experts-the-evidence-in-two-probes-compels-charging-trump\/"},"modified":"2022-11-20T14:00:00","modified_gmt":"2022-11-20T11:00:00","slug":"for-experts-the-evidence-in-two-probes-compels-charging-trump","status":"publish","type":"post","link":"https:\/\/buradabiliyorum.com\/en\/for-experts-the-evidence-in-two-probes-compels-charging-trump\/","title":{"rendered":"#For experts, the evidence in two probes compels charging Trump"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_84 counter-hierarchy ez-toc-counter ez-toc-custom ez-toc-container-direction\">\n<p class=\"ez-toc-title\" style=\"cursor:inherit\">Table of Contents<\/p>\n<label for=\"ez-toc-cssicon-toggle-item-6a23a629c169a\" class=\"ez-toc-cssicon-toggle-label\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #dd3333;color:#dd3333\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #dd3333;color:#dd3333\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/label><input type=\"checkbox\"  id=\"ez-toc-cssicon-toggle-item-6a23a629c169a\" checked aria-label=\"Toggle\" \/><nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-1'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/buradabiliyorum.com\/en\/for-experts-the-evidence-in-two-probes-compels-charging-trump\/#For_experts_the_evidence_in_two_probes_compels_charging_Trump\" >For experts, the evidence in two probes compels charging Trump<\/a><\/li><\/ul><\/nav><\/div>\n<h1><span class=\"ez-toc-section\" id=\"For_experts_the_evidence_in_two_probes_compels_charging_Trump\"><\/span>For experts, the evidence in two probes compels charging Trump<span class=\"ez-toc-section-end\"><\/span><\/h1>\n<p><img decoding=\"async\" src=\"https:\/\/thehill.com\/wp-content\/uploads\/sites\/2\/2022\/11\/Trump_ap.jpg?w=900\" \/><\/p>\n<div>\n<p>Two reports analyzing two different criminal investigations into Donald Trump have reached a singular conclusion: there is enough evidence to bring charges against the former president.\u00a0<\/p>\n<p>Veteran prosecutors and top legal minds this week banded together to offer an assessment of two ongoing probes \u2014 one in Georgia examining Trump\u2019s actions in the state leading up to Jan. 6, 2021, the other led by the Justice Department as it explores the mishandling of sensitive government documents at Mar-a-Lago.<\/p>\n<aside class=\"ad-unit ad-unit--mr1_ab\"><\/aside>\n<p>In each, the attorneys found robust cases and significant legal risk for Trump, who is facing mounting trouble as he launches an early bid in the 2024 presidential race.\u00a0<\/p>\n<p>\u201cDonald Trump is facing many more legal problems than just these two probes. But the Georgia investigation of whether his election denial slipped into criminality after the 2020 election and the federal investigation [into] whether his retention, classified, and other documents at Mar-a-Lago also crossed the criminal red line are the most threatening legal peril that he faces,\u201d Norm Eisen, counsel for Democrats in Trump\u2019s first impeachment and an author on both reports, told The Hill.\u00a0<\/p>\n<p>\u201cThey represent a one-two punch that has the potential to finally achieve the accountability that he has so often evaded in the past \u2026 I think that run is about to end, and these are the two cases that are most likely to do it.\u201d<\/p>\n<p>The nearly 500 pages of collective legal analysis finds a litany of state and federal crimes Trump may have committed, ranging from solicitation to commit election fraud, to state RICO Act violations, to the Espionage Act and obstruction of justice.\u00a0<\/p>\n<p>\u201cWe conclude that Trump\u2019s post-election conduct in Georgia leaves him at substantial risk of possible state charges predicated on multiple crimes,\u201d <a rel=\"nofollow noopener\" target=\"_blank\" href=\"https:\/\/www.brookings.edu\/wp-content\/uploads\/2022\/11\/11122022_GA_Investigation_Report_SecondEdition.pdf\">a report from the Brookings Institution determined<\/a>.<\/p>\n<p>And <a rel=\"nofollow noopener\" target=\"_blank\" href=\"https:\/\/www.justsecurity.org\/wp-content\/uploads\/2022\/11\/just-security-mar-a-lago-model-prosecution-memorandum-november-2022.pdf\">in a report from Just Security<\/a>, former prosecutors found additional statutes the Justice Department could weigh using as it noted any failure to charge Trump for the mishandling of records would represent treating Trump far differently than others who have faced similar charges.<\/p>\n<aside class=\"ad-unit ad-unit--mr2_ab\"><\/aside>\n<p>\u201cWe determine there is strong precedent for the DOJ [Justice Department] to charge Trump. There are many felony cases that the DOJ pursued based on conduct that was significantly less egregious than the present set of facts in the Trump case,\u201d they wrote. \u201cIn short, we conclude that if Trump were not charged, it would be a major deviation from how defendants are typically treated.\u201d<\/p>\n<p>The group, which includes prosecutors that worked on the Mueller report, noted that Trump\u2019s intransigence in returning the documents \u2014 failing to fully comply with an initial request for return and a later subpoena, add to the seriousness of the case.\u00a0<\/p>\n<p>\u201cAggravating factors in Trump\u2019s case include the length of time of his retention of government documents, the volume of government documents, the highly sensitive nature of the documents, the number of warnings he received, his obstructive conduct, and his involving other individuals in his scheme,\u201d they wrote.\u00a0<\/p>\n<aside class=\"ad-unit ad-unit--mr3_ab\"><\/aside>\n<p>Following a relatively quiet period for the Justice Department in the weeks ahead of the midterms, Attorney <a href=\"https:\/\/buradabiliyorum.com\/en\/category\/general\/\" data-internallinksmanager029f6b8e52c=\"3\" title=\"General\" target=\"_blank\" rel=\"noopener\">General<\/a> Merrick Garland on Friday announced a major development in its probes, handing over two of its investigations to a special counsel.<\/p>\n<p>Longtime prosecutor Jack Smith will oversee both the Mar-a-Lago investigation and the portion of the Jan. 6 investigation focused at the highest levels into \u201cwhether any person or entity unlawfully interfered with the transfer of power,\u201d Garland said.<\/p>\n<p>Smith\u2019s <a href=\"https:\/\/buradabiliyorum.com\/en\/category\/download-scripts-themes-apps\/\" data-internallinksmanager029f6b8e52c=\"9\" title=\"Download Scripts &amp; Themes &amp; Apps\" target=\"_blank\" rel=\"noopener\">app<\/a>ointment will have no bearing on\u00a0Fulton County District Attorney Fani Willis\u2019s probe.<\/p>\n<aside class=\"ad-unit ad-unit--mr4_ab\"><\/aside>\n<p>The investigations \u2014 as well as scrutiny of the Justice Department \u2014 are sure to pick up in the months ahead as Smith embarks on his work and the department faces key court dates.<\/p>\n<p>The Justice Department is engaged in a battle to recover more than 10,000 government documents still under the review of the special master assigned to Trump\u2019s case. Oral arguments this Tuesday in the 11th Circuit could speed that process, if the appellate court sides with department in determining no third-party review of the documents is necessary and orders them returned to prosecutors.<\/p>\n<p>Also expected before the end of the year is a report from the House committee investigating the Jan. 6 attack on the Capitol, a document likely to include criminal referrals to the Justice Department in a move sure to increase pressure on the department to seriously consider some charges.<\/p>\n<p>The reports seek to assure prosecutors \u2014 whether that be Willis or those among the highest ranks at Justice Department \u2014 that they have a case.<\/p>\n<p>In Georgia, attorneys see a sweeping set of statutes Trump may have violated with behavior including a call to Secretary of State Brad\u00a0Raffensperger asking him to \u201cfind\u201d 11,780 votes.<\/p>\n<p>Beyond solicitation to commit election fraud, Trump may also have committed intentional interference with performance of election duties, while the campaign\u2019s false elector scheme could engage a number of state statutes on the book dealing with fraud.<\/p>\n<p>In total, the report finds at least 11 charges that could be brought resulting from Trump\u2019s efforts in Georgia.<\/p>\n<p>\u201cGenerally, in Georgia, a single set of facts may trigger criminal liability under multiple statutes based on the different elements of various crimes,\u201d they write.<\/p>\n<p>In the Mar-a-Lago report, experts found three additional statutes that could be implicated beyond the three first listed in the government\u2019s warrant.<\/p>\n<aside class=\"ad-unit ad-unit--mr5_ab\"><\/aside>\n<p>Two mainly deal with the resistance from Trump, including criminal contempt and lying to authorities.\u00a0<\/p>\n<p>But they also raise a statute that deals with conversion of government property, which carries penalties of up to 10 years in prison.\u00a0<\/p>\n<p>Prosecutors would need to demonstrate that the documents were property or a thing of value belonging to the government and that a defendant converted or retained the documents for their use.<\/p>\n<p>For his part, Trump has denied any wrongdoing even as he has repeatedly lashed out at the Justice Department and the FBI. He did so in his speech this week announcing his candidacy, saying, no threat \u201cis greater than the weaponization from the system, the FBI or the DOJ.\u201d\u00a0<\/p>\n<aside class=\"ad-unit ad-unit--mr6_ab\"><\/aside>\n<p>The reports also walk through possible defenses from Trump \u2014 finding them largely wanting.<\/p>\n<p>The Mar-a-Lago report devotes over 20 pages to potential defenses from Trump, reading like a deep dive of many of the issues already presented by Justice Department in court. One by one, the report dismisses claims from Trump that he declassified the records \u2014 something his attorneys have failed to fully assert in court and which matters little for charges that involved taking \u201cnational defense information\u201d regardless of its classification status. It also dismisses defenses based on Trump\u2019s claims the records are either his personal property or protected by executive privilege or that the government in any way acted improperly during its search.<\/p>\n<p>\u201cNone of these potential defenses would provide a complete or effective defense,\u201d the Just Security report concludes.<\/p>\n<p>In the Georgia report, the authors argue Trump enjoys no immunity for his conduct while president, and they also dismiss the concept that the former president can\u2019t meet the intent element necessary for a successful prosecution because he genuinely believes that he had won the election.\u00a0<\/p>\n<aside class=\"ad-unit ad-unit--mr7_ab\"><\/aside>\n<p>\u201cIf prosecutors can prove that he did know that he lost the election\u2014that it was not \u2018stolen\u2019 from him\u2014that would go a long way toward clearing that criminal-intent hurdle. \u2026 The January 6 Committee has amassed evidence that Trump knew he had lost. Numerous Trump aides and lawyers have attested to this before the committee,\u201d the report states.<\/p>\n<p>\u201cEven if, contrary to the overwhelming evidence, Trump genuinely believed that he had won, he still had no legal right to use forged electoral certificates, to pressure election officials in Georgia to \u2018find 11,780 votes\u2019 that did not exist, or to engage in other extralegal means to try to hold onto power.\u201d<\/p>\n<p>Eisen said in both probes, prosecutors are dealing with \u201cpretty clear cut cases.\u201d<\/p>\n<p>\u201cThe theme that emerges from this is the power of the evidence,\u201d he said. \u201cTwo sets of smoking gun on evidence, two sets of simple, very powerful legal cases. And one principle in common, and that is the principle that no one is above the law.\u201d\n<\/p><\/div>\n<blockquote><p><strong><span style=\"color: #ff6600;\">If you liked the article, do not forget to share it with your friends. Follow us on\u00a0<span style=\"color: #ff0000;\"><a style=\"color: #ff0000;\" href=\"https:\/\/news.google.com\/publications\/CAAqBwgKMLG0nwswvr63Aw\" target=\"_blank\" rel=\"nofollow noopener noreferrer\">Google News<\/a><\/span>\u00a0too, click on the star and choose us from your favorites.<\/span><\/strong><\/p><\/blockquote>\n<blockquote>\n<p style=\"text-align: center;\">For forums sites go to <span style=\"color: #ff9900;\"><a style=\"color: #ff9900;\" href=\"https:\/\/forum.buradabiliyorum.com\/\" target=\"_blank\" rel=\"noopener\">Forum.BuradaBiliyorum.Com<\/a><\/span><\/strong><\/p>\n<\/blockquote>\n<blockquote>\n<p style=\"text-align: center;\"><strong>If you want to read more <a href=\"https:\/\/buradabiliyorum.com\/en\/category\/news\/\" data-internallinksmanager029f6b8e52c=\"2\" title=\"News\" target=\"_blank\" rel=\"noopener\">News<\/a> articles, you can visit our <span style=\"color: #ff9900;\"><a style=\"color: #ff9900;\" href=\"https:\/\/en.buradabiliyorum.com\/news\/\" target=\"_blank\" rel=\"noopener\">News category.<\/a><\/span><\/strong><\/p>\n<\/blockquote>\n<p><span style=\"color: black;\"><a style=\"color: #ff9900;\" href=\"https:\/\/thehill.com\/regulation\/national-security\/3742386-for-experts-the-evidence-in-two-probes-compels-charging-trump\/\" target=\"_blank\" rel=\"noopener\">Source<\/a><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>For experts, the evidence in two probes compels charging Trump Two reports analyzing two different criminal investigations into Donald Trump have reached a singular conclusion: there is enough evidence to bring charges against the former president.\u00a0 Veteran prosecutors and top legal minds this week banded together to offer an assessment of two ongoing probes \u2014&#8230;<\/p>\n","protected":false},"author":1,"featured_media":513120,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"https:\/\/thehill.com\/wp-content\/uploads\/sites\/2\/2022\/11\/Trump_ap.jpg?w=1280","fifu_image_alt":"","footnotes":""},"categories":[70897],"tags":[134432,135914,134343,134353,135915,71391,4941,134421,135916,6642,72472,135917,135918,135919,134644,135920,83642,115,134354,135921,70289,72798,134446],"class_list":["post-513119","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news","tag-2024-presidential-race","tag-brad-raffensperger","tag-campaign","tag-court-battles","tag-criminal-investigation","tag-department-of-justice","tag-donald-trump","tag-fani-willis","tag-federal-bureau-of-investigation","tag-florida","tag-georgia","tag-georgia-probe","tag-house-select-committee-investigating-the-jan-6-attack","tag-jack-smith","tag-jan-6-capitol-riot","tag-just-security","tag-mar-a-lago","tag-news","tag-nexstar-media-wire-news","tag-norm-eisen","tag-senate","tag-special-counsel","tag-sunday-talk-shows"],"_links":{"self":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/513119","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/comments?post=513119"}],"version-history":[{"count":0,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/513119\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media\/513120"}],"wp:attachment":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media?parent=513119"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/categories?post=513119"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/tags?post=513119"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}