Former United States Attorney in Eastern Wisconsin and career-long prosecutor-litigator with the United States Department of Justice

Joined January 2018
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On the day that former Attorney General Eric Holder seemingly calls upon the Justice Department to indict former President Donald Trump for his role in the January 6 insurrection, it is fitting to note another important anniversary of a criminal act committed in the White House:
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Predictably, the remaining obstructive crimes also described in the Mueller report with prosecutorial precision and evidentiary power will similarly go unaddressed and unpunished for all of American history--likewise barred by the passage of time under the federal criminal code.
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Today and for all time, prompting the invocation of the traditional, appropriate questions: "What of consequences? What of deterrence? And what do we tell our grandchildren and great grandchildren who will ask plaintively: 'What happened?'"
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Section 20511 of Title 52 of the U.S. Code makes it a federal crime, punishable by fines and imprisonment of up to give years, for any "person...to knowingly and willfully...attempt to deprive or defraud the residents of a State of a fair and impartially elected process by..."
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Those materials, unmistakably intended to deprive and defraud the residents of those states of the legitimate results of their 2020 Presidential Election polling, have, according to U.S. Deputy Attorney General Lisa Monaco, been received and reviewed by the Justice Department.
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The Attorneys General in at least three of those states have also indicated that these criminal actions to compromise our democracy are the subjects of investigation. The people of the United States are right to expect some prompt, decisive, and remedial, prosecutorial action.
Section 871 and its following provisions of Title 18 of the United States Code make it a crime to knowingly and willfully threaten the life of the President and other government officials. Those statutes contemplate imprisonment for up to five years and the imposition of fines.
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In response, the House of Representatives officially censured Gosar in mid-November and removed him from his seats on the House Oversight and Natural Resources Committees. In apparent reply, Gosar repeated his threat by re-posting the video on his official social media account.
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It is plain that the repudiating government action was not sufficient to specifically deter Representative Gosar from his threatening behavior and, absent criminal investigation of the matter, is not adequate to generally deter others from undertaking similarly violent behaviors.
Section 1505 of Title 18 of the United States Code makes it a crime, punishable by fines and imprisonment for up to five years, for anyone to threaten to obstruct, impede, or influence any inquiry or investigation of the United States Congress, including any committee of it.
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"If these companies comply with the Democrat [sic] order to turn over private information, they are in violation of federal law and subject to losing their ability to operate in the United States. If [they] still choose to [do so], a Republican majority will not forget....
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The violation of the federal criminal law is not in the compliance of telecommunications and social media companies to produce the information and records that the House Select Committee seeks, it is in the threats by government officials plainly intended to obstruct justice.