How an Arizona prosecutor's mistake may have stopped Trump's fifth criminal indictment

[sl8]

https://www.latimes.com/opinion/story/2024-08-09/donald-trump-arizona-grand-jury-indictment-fake-electors-rudy-giuliani-mark-meadows-john-eastman-harry-litman

OPINION

Column: How an Arizona prosecutor’s mistake may have stopped Trump’s fifth criminal indictment

By Harry Litman
Aug. 9, 2024 3 AM PT

A recent filing in the Arizona false electors case shows how close Donald Trump came to being indicted there. It also illustrates the continuing legal risk to the former president and, even more so, to Trump confederates such as Rudolph W. Giuliani.

The Arizona case is one of five brought by state or local prosecutors against those who falsely claimed to be “duly elected and qualified electors” for Trump and those who orchestrated the scheme. Only one, in Georgia, included charges against Trump.

[...]

The basis for the prosecutor’s recommendation is what’s known as the U.S. Department of Justice’s Petite Policy. The grand jury was shown a PowerPoint presentation reviewing the policy and then led through what the filing calls a “lengthy discussion” about it, after which the prosecutor said, “I think you should weigh this policy heavily. … And I know that may be disappointing to some of you.”

It’s even more disappointing to federal prosecutors who are familiar with the Petite Policy, which should have had no bearing whatsoever on the Arizona grand jury’s decision about whether to indict Trump.

[...]

[TheRickles]

1. A quick summary of Petite would be helpful. The LA Times is behind a paywall. Thanks.

[sl8]

2. Odd, I'm not getting a paywall.

I don't have a subscription and I'm not getting a paywall.

Here's a blurb from LSDLaw regarding Petite Policy:

https://www.lsd.law/define/petite-policy

Petite policy

A quick definition of Petite policy:
Term: Petite Policy

Definition: The Petite Policy is a rule that says the government cannot prosecute someone for the same crime twice, unless certain conditions are met. These conditions include getting approval from the Assistant Attorney General, having a strong federal interest in the case, and having enough evidence to prove guilt. The purpose of this policy is to protect people from being punished multiple times for the same crime, to use government resources efficiently, and to work together with state prosecutors. This policy is important because it helps ensure fairness and justice for everyone.

A more thorough explanation:
Petite policy is a rule created by the Department of Justice that prohibits a federal prosecution after a previous state or federal prosecution based on the same acts, unless certain conditions are met. These conditions include:

- Approval by the Assistant Attorney General
- A substantial federal interest supporting the prosecution
- The previous prosecution failed to vindicate the federal interest
- There is sufficient evidence to sustain a conviction

[...]

(I'm sure that's not the best reference, I may find something better later)

[Lonestarblue]

3. The problem is that Trump is not being prosecuted at the federal level. The state should be allowed to act.

I don’t believe the DOJ has brought any charges in relation to the fake electors crimes.

[TheRickles]

4. This is great - thank you!