A 10 Point Guide to the Prosecution of Donald Trump

The prosecution of any individual, particularly one of such high profile as former President Donald Trump, is a matter of immense public interest and legal complexity. This guide offers a framework for understanding the key considerations involved in such a process, adhering to the principles of federal prosecution.

1. Probable Cause Requirement:
   The cornerstone of any prosecution is establishing probable cause. This means that the attorney for the government must conclude there is sufficient evidence to believe a federal offense has been committed within their jurisdiction. This threshold must be met before any further action is considered.

2. Grounds for Commencing or Declining Prosecution:
   Even with probable cause, prosecution is not automatic. The attorney for the government must believe the person’s conduct constitutes a federal offense and that admissible evidence will likely secure a conviction. However, prosecution should only proceed if it serves a substantial federal interest, the person isn’t subject to effective prosecution elsewhere, and there’s no adequate non-criminal alternative.

3. Substantial Federal Interest:
   Determining this involves weighing numerous factors. These include federal law enforcement priorities, the nature and seriousness of the offense, the potential deterrent effect, the person’s culpability, their criminal history, their willingness to cooperate, their personal circumstances, the interests of victims, and the probable sentence if convicted.

4. Prosecution in Another Jurisdiction:
   If another jurisdiction (state, local, or even international) has a stronger interest in prosecution, and is capable of effectively prosecuting, deferring to that jurisdiction may be appropriate. The strength of the other jurisdiction’s interest, their ability and willingness to prosecute effectively, and the probable sentence upon conviction are all relevant factors.

5. Non-Criminal Alternatives:
   Alternatives to criminal prosecution exist. Civil tax proceedings, civil actions under the False Claims Act, administrative suspension and debarment, and pretrial diversion programs can provide an effective response to alleged wrongdoing. The sanctions available, the likelihood of an effective sanction, the effect on federal law enforcement, and the interests of victims must all be considered.

6. Impermissible Considerations:
   Decisions regarding prosecution must be impartial. The attorney for the government cannot be influenced by the person’s race, religion, gender, ethnicity, national origin, sexual orientation, political association, activities, or beliefs. Personal feelings or the possible effect on the attorney’s career are also impermissible considerations.

7. Selecting Charges – Individualized Assessment:
   Once prosecution is deemed appropriate, selecting the right charges is crucial. This involves choosing the most serious offense that the defendant’s conduct encompasses and that is likely to result in a sustainable conviction. The prosecutor should ensure the charge’s consequences for sentencing will be proportional to the defendant’s conduct and achieve the criminal law’s purposes.

   A digitally enhanced image of Donald Trump’s booking photo. This image reflects the historical moment of a former U.S. President facing criminal charges.

8. Plea Agreements:
   Plea agreements can be a part of the process. In exchange for a guilty plea (or nolo contendere), the government may agree to dismiss other charges or take a certain position on sentencing. These agreements can involve “charge agreements” (dismissing counts), “sentence agreements” (agreeing on a sentencing position), or “mixed agreements.” Plea agreements are governed by the same principles as charging decisions. The agreement should address the totality of the defendant’s conduct and the seriousness of the offenses.

9. Offers to Plead Nolo Contendere:
   The government typically opposes nolo contendere pleas unless unusual circumstances make acceptance in the public interest. The court must consider the parties’ views and the public interest before accepting such a plea. In any case where a defendant seeks to enter a plea of nolo contendere, the attorney for the government should make an offer of proof in open court of facts known to the government that support the conclusion that the defendant has in fact committed the offense charged.

10. Participation in Sentencing:
    During sentencing, the attorney for the government helps ensure the relevant facts and sentencing factors are presented fully and accurately. This includes cooperating with the Probation Service, reviewing the presentence report, making factual presentations to the court, and substantiating disputed facts. Ultimately, sentencing recommendations are based on the nature and circumstances of the offense and the defendant’s history and characteristics, without improper considerations.

    U.S. Attorney General Merrick Garland, pictured here, oversees the Department of Justice, which is responsible for prosecuting federal crimes. His leadership and policies influence the decision-making process in high-profile cases.

It is important to note that this guide is for informational purposes only and does not constitute legal advice. The principles discussed here are intended to promote reasoned decision-making and fair administration of justice, but each case is unique and requires careful consideration of its specific facts and circumstances.