Legal Analysis: Who Should Face Charges for Russiagate?

Jurisdiction is Key for Prosecutions

• ⚖️ Serious charges are advocated for those who allegedly used false information to stage a coup attempt against a duly elected president, rather than minor perjury charges.
• 🏛️ A critical factor for successful prosecution is the jurisdiction, with Washington D.C. and the Eastern District of Virginia being deemed unfavorable due to likely acquittals.
• 💡 An example is cited where a Clinton campaign lawyer was acquitted by a D.C. jury despite clear evidence of lying to the FBI.
• 🗺️ Creative jurisdictional strategies are needed, similar to how the 'meme guy' Douglas Mackey was charged in New York despite living in Florida, to ensure convictions.

Potential Charges and Statutes

• 🚫 Charges like conspiracy against the United States are suggested as a more fitting and impactful statute than simple lying to the government (18 U.S.C. § 1001).
• 🎯 This charge is broad and can encompass hindering the government's legal functions, such as fabricating intelligence that undermined the presidency.
• ⏳ A significant advantage of conspiracy statutes is that the statute of limitations clock resets with each overt act taken to further the conspiracy, potentially extending the window for prosecution.
• 🔗 An overt act by one co-conspirator, like Brennan testifying to Congress in 2023, can apply to all members of the conspiracy under Pinkerton liability.

Accountability for Key Figures

• 🧠 John Brennan is considered to be in the most legal trouble due to documented actions where he defied intelligence professionals' assessments that Putin did not want Trump elected, suppressing reports that contradicted his narrative.
• 🐍 James Comey is described as a 'slimy, weasly' character who may use claims of ignorance or the statute of limitations to evade accountability, despite lying to Congress and the President about the Steele dossier's reliability.
• 👤 James Clapper, while potentially implicated by association with Brennan, is seen as less of a driver of the hoax and possibly not as intelligent or culpable as others.
• 🕵️ Gina Haspel is noted for her role in referring the Australian tip about Papadopoulos and suppressing intelligence in 2020, but her level of personal culpability and ability to blame subordinates is still unclear.
• 🇺🇸 Former President Obama is considered unlikely to face charges due to legal complexities surrounding executive immunity and his ability to claim deniability by deferring to subordinates like Brennan.