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A plea bargain is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or nolo contendere. This may mean that the defendant will plead guilty to a less serious charge, or to one of the several charges, in return for the dismissal of other charges; or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence.
Rudolph William Louis Giuliani is an American politician and lawyer who served as the 107th mayor of New York City from 1994 to 2001. He previously served as the United States Associate Attorney General from 1981 to 1983 and the United States Attorney for the Southern District of New York from 1983 to 1989.
Legal immunity, or immunity from prosecution, is a legal status wherein an individual or entity cannot be held liable for a violation of the law, in order to facilitate societal aims that outweigh the value of imposing liability in such cases. Such legal immunity may be from criminal prosecution, or from civil liability, or both. The most notable forms of legal immunity are parliamentary immunity and witness immunity. One author has described legal immunity as "the obverse of a legal power":
A party has an immunity with respect to some action, object or status, if some other relevant party – in this context, another state or international agency, or citizen or group of citizens – has no (power) right to alter the party's legal standing in point of rights or duties in the specified respect. There is a wide range of legal immunities that may be invoked in the name of the right to rule. In international law, immunities may be created when states assert powers of derogation, as is permitted, for example, from the European Convention on Human Rights "in times of war or other public emergency." Equally familiar examples include the immunities against prosecution granted to representatives and government officials in pursuit of their duties. Such legal immunities may be suspect as potential violations of the rule of law, or regarded as quite proper, as necessary protections for the officers of the state in the rightful pursuit of their duties.
In the legal system of the United States, a Brady disclosure consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment of a defendant. The term comes from the 1963 U.S. Supreme Court case Brady v. Maryland, in which the Supreme Court ruled that suppression by the prosecution of evidence favorable to a defendant who has requested it violates due process.
In criminal law, a conspiracy is an agreement between two or more people to commit a crime at some time in the future. Criminal law in some countries or for some conspiracies may require that at least one overt act be undertaken in furtherance of that agreement, to constitute an offense. There is no limit to the number participating in the conspiracy and, in most countries, the plan itself is the crime, so there is no requirement that any steps have been taken to put the plan into effect. For the purposes of concurrence, the actus reus is a continuing one and parties may join the plot later and incur joint liability and conspiracy can be charged where the co-conspirators have been acquitted or cannot be traced. Finally, repentance by one or more parties does not affect liability but may reduce their sentence.
A criminal turns state's evidence by admitting guilt and testifying as a witness for the state against their associate(s) or accomplice(s), often in exchange for leniency in sentencing or immunity from prosecution. The testimony of a witness who testifies against co-conspirator(s) may be important evidence.
Witness immunity from prosecution occurs when a prosecutor grants immunity to a witness in exchange for testimony or production of other evidence.
John Leslie Brownlee is an American lawyer. He was the United States Attorney for the Western District of Virginia from 2001 to 2008.
The two criminal trials of Paul Manafort were the first cases brought to trial by the special counsel's investigation into Russian interference in the 2016 presidential election. Manafort served as campaign chair for the Donald Trump 2016 presidential campaign from June 20 to August 19, 2016. In July 2017, the FBI conducted a raid of Manafort's home, authorized by search warrant under charges of interference in the 2016 election. Manafort and his business assistant Rick Gates were both indicted and arrested in October 2017 for charges of conspiracy against the United States, making false statements, money laundering, and failing to register as foreign agents for Ukraine. Gates entered a plea bargain in February 2018.
Lev Parnas is a Soviet-born American businessman and former associate of Rudy Giuliani. Parnas, Giuliani, Igor Fruman, John Solomon, Yuriy Lutsenko, Dmytro Firtash and his allies, Victoria Toensing and Joe diGenova, were involved in creating the false Biden–Ukraine conspiracy theory, which is part of the Trump–Ukraine scandal's efforts to damage Joe Biden. As president, Donald Trump said he did not know Parnas or what he was involved in; Parnas insisted Trump "knew exactly what was going on".
The Biden–Ukraine conspiracy theory is a series of false allegations that Joe Biden, while he was vice president of the United States, improperly withheld a loan guarantee and took a bribe to pressure Ukraine into firing prosecutor general Viktor Shokin to prevent a corruption investigation of Ukrainian gas company Burisma and to protect his son, Hunter Biden, who was on the Burisma board. As part of efforts by Donald Trump and his campaign in the Trump–Ukraine scandal, which led to Trump's first impeachment, these falsehoods were spread in an attempt to damage Joe Biden's reputation and chances during the 2020 presidential campaign, and later in an effort to impeach him.
Sidney Katherine Powell is an American attorney, former federal prosecutor, and conspiracy theorist who attempted to overturn the 2020 United States presidential election. In August 2023, she was indicted along with Donald Trump and eighteen others in the prosecution related to the 2020 election in Georgia, arising from the attempt by the former president and his allies to subvert the election outcome in Georgia and other key states lost by Trump. In October 2023, as part of an agreement with Georgia prosecutors, she pleaded guilty to six misdemeanor counts of conspiring to intentionally interfere with the performance of election duties. She was sentenced to six years of probation and agreed to testify against the other defendants.
Protect Democracy is a nonprofit organization based in the United States. A nonpartisan group, Protect Democracy seeks to check what it believes are authoritarian attacks on U.S. democracy.
Following the results of the 2020 United States presidential election, an obstruction scheme was devised by outgoing 45th U.S. president Donald Trump and his allies in seven states, Pennsylvania, Georgia, Michigan, Arizona, Wisconsin, Nevada, and New Mexico, to create and submit fraudulent certificates of ascertainment that falsely asserted Trump had won the electoral college vote in those states. The intent of the scheme was to pass the fraudulent certificates to then-vice president Mike Pence in the hope he would count them, rather than the authentic certificates, and thus overturn Joe Biden's victory. This effort helped form a fringe legal theory outlined by Trump attorney John Eastman in the Eastman memos, which claimed the vice president has constitutional discretion to swap official electors with an alternate slate during the certification process, thus changing the outcome of the electoral college vote and the overall winner of the presidential race. The scheme came to be known as the Pence Card. By 2023, many individuals in several states had been indicted for their alleged involvement, with other investigations underway.
The United States Justice Department investigation into attempts to overturn the 2020 presidential election began in early 2021 with investigations and prosecutions of hundreds of individuals who participated in the January 6, 2021 attack on the United States Capitol. By early 2022, the investigation had expanded to examine Donald Trump's inner circle, with the Justice Department impaneling several federal grand juries to investigate the attempts to overturn the election. Later in 2022, a special counsel was appointed. On August 1, 2023, Trump was indicted. The indictment also describes six alleged co-conspirators.
An ongoing special counsel investigation was opened by U.S. Attorney General Merrick Garland on November 18, 2022, to continue two investigations initiated by the Justice Department (DOJ) regarding former U.S. President Donald Trump. Garland appointed Jack Smith, a longtime federal prosecutor, to lead the independent investigations. Smith was tasked with investigating Trump's role in the January 6 United States Capitol attack and Trump's mishandling of government records, including classified documents.
In February 2021, Fulton County, Georgia, district attorney Fani Willis launched a criminal investigation into alleged efforts by then-president Donald Trump and his allies to overturn the certified 2020 election victory of Democratic candidate Joe Biden and award the state's electoral college votes to Trump. A special grand jury recommended indictments in January 2023, followed by a grand jury that indicted Trump and 18 allies in August 2023. The charges include conspiracy, racketeering and other felonies.
United States of America v. Donald J. Trump is a pending federal criminal case against Donald Trump, the president of the United States from 2017 to 2021, regarding his alleged participation in attempts to overturn the 2020 U.S. presidential election, including his involvement in the January 6 Capitol attack.
The State of Georgia v. Donald J. Trump, et al. is a pending criminal case against Donald Trump, the 45th president of the United States, and 18 co-defendants. The prosecution alleges that Trump led a "criminal racketeering enterprise", in which he and all other defendants "knowingly and willfully joined a conspiracy to unlawfully change the outcome" of the 2020 U.S. presidential election in Georgia. All defendants are charged with one count of violating Georgia's Racketeer Influenced and Corrupt Organizations (RICO) statute, which has a penalty of five to twenty years in prison. The indictment comes in the context of Trump's broader effort to overturn his loss in the 2020 presidential election. As of February 2024, it is one of four ongoing criminal indictments against Trump.
References
- ↑ Richard M. Phillips, The Securities Enforcement Manual: Tactics and Strategies, American Bar Association, 2007, p. 440
- ↑ Avergun, Jodi L.; Cohan, Douglas. "Explaining the Inexplicable: The Perks and the Perils of Proffer Sessions and Best Practices for Explaining it All to Your Client" (PDF). cadwalader.com. Retrieved 29 October 2023.
- 1 2 Rubin, Olivia; Steakin, Will (November 13, 2023). "'The boss is not going to leave': Proffer videos show ex-Trump lawyers telling Georgia prosecutors about efforts to overturn 2020 election". ABC News. Retrieved 2023-11-16.
- ↑ "Proffer Agreement". federalcriminaldefenseadvocates.com. Retrieved 2024-04-14.
- ↑ Santos, Michael (2021-11-04). "Can A Proffer Agreement Be Used Against You?". Prison Professors. Retrieved 2024-04-14.
- ↑ "Understanding The Risks Of Proffers". Law Office of Joseph Abrams. 2023-05-30. Retrieved 2024-04-14.
- ↑ Katzberg, Robert (2023-06-29). "Does Rudy Giuliani's "Proffer" Mean He's About to Flip Against Trump?". Slate. ISSN 1091-2339 . Retrieved 2023-10-21.
- ↑ Sheth, Sonam. "2 of Trump's co-defendants pushed for speedy trials in Georgia. Now both have turned against him". Business Insider. Retrieved 2023-10-21.
- ↑ "Deal made between California authorities and 'Keefe D' could affect prosecution in Tupac case". Channel 13 Las Vegas News KTNV. 2023-10-06. Retrieved 2023-10-21.
