peaceful transition of power in 2020. noah, good to see you, thank you for being with us. happy to be here. no, these model prosecutions are drinking, they give us a sense of what this prosecution looks like. to people like me, we watch the january 6th, we will listen to the phone call in georgia, it seems obvious what the charge is and what the culpability is. but in a court of law, in a prosecution like this, it is complex and the former president of united states was running to be president of the united states again, it is that much more complex because jacks writ and his team have actually get this right. they have to put some charges forth that are approval and probably prove-able in a short amount of time and understandable to a jury. that is right. we have this really amazing bipartisan group of prosecutors and experts on air. don perry and others, we try to
fair system that america, is this is a, we re gonna come in, we re gonna clean house and you mentioned fascist and communist, mark assists, all sorts of people. there is an implicit threat here combined with what he said last weekend on fox business about what a great judge cannon s, and what a patriot she is, and how we meet more judges like her to do the right thing. there is the messaging of a guy who thinks he is gonna be back in office, who is telling people i m gonna find the ones who are bad to me and get rid of you, or do something to you. i m gonna find the ones who are good, you re gonna be part of my administration. you don t have to look at marxist or fascist or anything else, i think it s necessary to go outside of our system to understand what it is that trump is trying to do. as tim just said, we have a system that is rule of law. meaning that the law is higher than any individual, the law is higher than any person, and we have a written constitution, we have a legal s
wrongdoing, regardless of who committed, a democrat or republican, the attorney general and law enforcement are obligated under their duty to proceed with charges. that is really what you have here. our attorney general in the state of michigan has not hesitated in the past to bring charges against democrats. when there has been actionable evidence that they ve committed acts of wrongdoing in elections. and the list is long in that regard. yet at the same time, when you have republican electors who have overwhelmingly shown through evidence that they are guilty of trying to overturn a legitimate presidential election, in some cases it would be a great active malfeasance, and perhaps a great political act for her not to proceed with charges. and what she is done here is follow the law, follow the facts, follow the evidence and proceed with charges. that is what we want of any top law enforcement officer in any state. one of things you re doing in michigan because you are pro voting, i
himself in office despite losing an election. which is about as serious course events as you can have in a democracy. the conspiracy to defraud charge is one of the charges that you and your coauthors identified as a possibility in your model prosecution memo. but as you point out in that memo, that law, section three 71 of title 18, has different problems that could apply to this case in a few different ways. it is not just actually obvious from what we have heard about the target letter. what checks mid means with this charge. what do you believe he means? cks mid means with thi i thine actually that he could use both prongs of the statute. what the law says is, you can have a conspiracy to violate another law, another federal law and one of the laws that could be involved there are false statements to the government. well we know that there are false statements to the government here, we have these
false electors in multiple states, submitting these documents saying that we are the duly chosen electors from michigan, from these other states. and both the electors themselves and on trump who is orchestrating this scheme understood that he had lost the states, one of the constitute electors. you could have conspiracy to violate a law like that one. you can t undo this conspiracy law, have a conspiracy more generally to defraud the united states. which is understood to mean a conspiracy to obstruct a lawful function of the united states government. that could include the lawful function of congress on january 26 2021 to certify the electoral votes so that they would be processed and joe biden would be declared the winner. this whole scheme was clearly