The Just Security Podcast: Insiders' Views of Espionage Act Trials
Just Security has assembled a roundtable of experienced federal prosecutors and defense attorneys who have handled past Espionage Act cases.
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Just Security has assembled a roundtable of experienced federal prosecutors and defense attorneys who have handled past Espionage Act cases.
Are members of the inner circle and the trump administration. how much does it matter that the prosecutors can show he had corrupted intent? >> as we analyzed and the prosecution memo, if the prosecutor brings a narrow charge, in some ways it matters not at all. if the prosecution can show that mr. trump was aware for example that the slate of electoral significance that was submitted to congress was false, that could be enough in and of itself. if he knew that there was no legal -- whatsoever to put pressure on vice president pence, to overturn the will of the voters, that could be enough in ...
Days, soon. what exactly could that look like? luckily we have two handy potential road maps here. number one, we have the other criminal indictment mr. smith has already filed against former president trump. the charges he poor against him in the documents case. and number two, we have this. this thing. a group of seven highly respected former prosecutors and defense attorneys and prominent lawyers and administration officials put together a very comprehensive model prosecution, laying out what they think the charges against trump are likely to be. joining us now is danya perry, former assist...
Opus. there are three charges you talk about explicitly. one, conspiracy to defraud the u. s. for the fake elector spin. two, obstruction of an official proceeding, trying to stop mike pence from certifying the election on thundery sixth. three, this is probably the most explosive, just because it's been bandied about a lot and not all on the same page, inciting an insurrection or giving comfort to insurrectionists. can you talk about that last charge and why it was included in here? from a layman's perspective, it seems like the most complicated to charge. >> absolutely. that is why we kind o...
Interpretation available of those terms. so it is a pretty good case made there, this qualifies as an insurrection. that is something that would have to be litigated. i think there are issues around proof of the then president's mental state. >> that is what i went to get to also, danya. we know that jared kushner has testified whether the president had corrupt intent, whether he knew he was lying around his claims that the election was stolen. other people have testified who are members of the inner circle in the trump administration. how much does it matter that the prosecutors can show he h...