After writing the lengthy outline about the problem faced by Joseph diGenova, a Reagan-era former U.S. attorney and longtime Trump ally who served as counselor to Attorney General Todd Blanche and exited over strategic differences {GO DEEP}, several people provided feedback, generally expressing understanding and agreement.
A few asked for suggestions.
Having looked at the challenges from every direction, and having a deep understanding of the complications within any prosecutorial effort on this highly complex ‘conspiracy’ case, I am going to outline my best advice.
This is how you arrange the case.
In any successful endeavor like this, you need the hook. You need a central point of focus that brings the entire operation into a clearer view. Stories like this are not told in a linear fashion; you need a central point of focus and then you build out the storyline from there.
So, what it that inflection? What is that moment that establishes the point from which everything else falls into place?
First, look at the requirements. The central event needs to encompass the foundational unlawful activity. The event needs to be clearly unlawful in nature and highlight the mindset that existed within each of the participants. The evidence must have a clear, distinct and actionable set of facts that can be directly proven beyond doubt.
The event needs to have been previously investigated, so that time is not wasted repeating a lengthy and exhaustive investigation around the fact pattern. The event needs a specific set of witnesses, who cannot escape being truthful about the preexisting irrefutable facts. And the event needs to highlight a conspiracy by every participant who cannot deflect their participation by claiming they were unaware of the intent of every action within the process.
Those are the predicate requirements that establish the value of the central point of focus. This is what makes a grand jury or criminal case jury have a consistent reference point. If this fact pattern is demonstrably true, then that action or outcome is incontrovertibly self-evident.







