Preface:

The following memorandum is a model “prosecution memo” analyzing potential charges against former President Donald Trump for his efforts to pressure Mike Pence to abuse his authority as vice president in an attempt to overturn the 2020 presidential election on Jan. 6, 2021. Prosecution memos are prepared by attorneys in criminal cases at the Department of Justice to summarize the evidence and their legal theories for prosecution. Prosecution memos enable supervisors and others in the chain of command to review the evidence, anticipate defenses, and assess the strengths and weaknesses of a criminal prosecution. The Report on the Investigation into Russian Interference in the 2016 Presidential Election[1]prepared by Special Counsel Robert Mueller, for example, was a kind of prosecution memo, though it refrained from reaching a conclusion as to whether a crime was committed and charges should be filed. Prosecution memos generally do so explicitly.