Barely two weeks ago, the lawfare cabal at Just Security, led by Andrew Weissmann, the former senior prosecutor for the Robert Mueller special counsel investigation, released the second edition of their “model prosecution memorandum” to (presumably) help out his former colleagues at the Department of Justice (DOJ). The document seeks to offer up nearly any theory of law to “get Trump.”
Just Security bills itself as “an online forum for the rigorous analysis of security, democracy, foreign policy, and rights,” but in practice, the organization, funded in part by George Soros’ Open Society Foundations, is the legal beachhead of the Trump resistance. Their model document provides 186 pages of “throw the book at him” musings along with 222 separate footnotes and has largely telegraphed the DOJ’s legal strategy. The document is supported by a variety of public and nonpublic allegations (surely a mixture of leaked information and fabricated information if history is any guide). The fact that their roadmap nearly parallels the now-public indictment of former President Donald Trump is surely a coincidence.
Prosecuting Leaks and Foreign Spies
The “document retention” portion of the Espionage Act states:
§793. Gathering, transmitting or losing defense information
(e) Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the
