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How an Arizona prosecutor's mistake may have stopped Trump's fifth criminal indictment
https://www.latimes.com/opinion/story/2024-08-09/donald-trump-arizona-grand-jury-indictment-fake-electors-rudy-giuliani-mark-meadows-john-eastman-harry-litmanOPINION
Column: How an Arizona prosecutor’s mistake may have stopped Trump’s fifth criminal indictment
By Harry Litman
Aug. 9, 2024 3 AM PT
A recent filing in the Arizona false electors case shows how close Donald Trump came to being indicted there. It also illustrates the continuing legal risk to the former president and, even more so, to Trump confederates such as Rudolph W. Giuliani.
The Arizona case is one of five brought by state or local prosecutors against those who falsely claimed to be “duly elected and qualified electors” for Trump and those who orchestrated the scheme. Only one, in Georgia, included charges against Trump.
[...]
The basis for the prosecutor’s recommendation is what’s known as the U.S. Department of Justice’s Petite Policy. The grand jury was shown a PowerPoint presentation reviewing the policy and then led through what the filing calls a “lengthy discussion” about it, after which the prosecutor said, “I think you should weigh this policy heavily. … And I know that may be disappointing to some of you.”
It’s even more disappointing to federal prosecutors who are familiar with the Petite Policy, which should have had no bearing whatsoever on the Arizona grand jury’s decision about whether to indict Trump.
[...]
Column: How an Arizona prosecutor’s mistake may have stopped Trump’s fifth criminal indictment
By Harry Litman
Aug. 9, 2024 3 AM PT
A recent filing in the Arizona false electors case shows how close Donald Trump came to being indicted there. It also illustrates the continuing legal risk to the former president and, even more so, to Trump confederates such as Rudolph W. Giuliani.
The Arizona case is one of five brought by state or local prosecutors against those who falsely claimed to be “duly elected and qualified electors” for Trump and those who orchestrated the scheme. Only one, in Georgia, included charges against Trump.
[...]
The basis for the prosecutor’s recommendation is what’s known as the U.S. Department of Justice’s Petite Policy. The grand jury was shown a PowerPoint presentation reviewing the policy and then led through what the filing calls a “lengthy discussion” about it, after which the prosecutor said, “I think you should weigh this policy heavily. … And I know that may be disappointing to some of you.”
It’s even more disappointing to federal prosecutors who are familiar with the Petite Policy, which should have had no bearing whatsoever on the Arizona grand jury’s decision about whether to indict Trump.
[...]
4 replies
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