Ladies and gentlemen of this Grand Jury:
T***p has admitted that he fired Comey primarily because of the Russian investigation, specifically the investigation into whether there was collusion between factions of the T***p 2016 campaign and Russian operatives.
T***p also admitted that he knew the FBI's investigation(s) would be impaired as a result.
T***p chose to employ others to fabricate alternate reasons for the firing, including having a letter drawn up by the Deputy A.G., and having it signed by both the A.G. and the Deputy A.G.. That letter, per the narrative agreed to by T***p, the A.G., the Deputy A.G. and, perhaps, other unnamed persons (their later actions suggest V.P. Pence, Spicer, Huckabee and Conway), was then "delivered" to T***p, purportedly as a recommendation that Comey be fired (although, the letter does not so state).
Comey was then uncermoniously fired. The result of the firing impaired the normal functioning of the FBI, and produced outrage, concern, trepidation and uncertainty throughout the FBI.
Title 18 USC § 371 states:
"If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both."
There are 5 elements for the crime of Conspiracy. Those elements are:
1. You must have 2 or more persons who
3. make an agreement
4. to violate federal law or defraud the United states, and then
5. Commit some overt act in furtherance of the agreement.
1) T***p employed at least two more people (the A.G. and the Deputy A.G.)
2) These three (plus, perhaps, more) intentionally entered into an agreement to commit a criminal offense (to impair the FBI in order to derail, in some manner, investigations into the Russian 2016 election interference--a criminal act producing the requisite criminal intent).
These three (plus, perhaps, more) also agreed on a plan to seemingly "justify" Comey's firing and to "cover-up" the real reason for the firing.
3) Their agreement was voluntary, without coercion and devoid of misconception and assented to by all (plus, perhaps, more).
4) The object of these three (plus, perhaps, more) was to impair the FBI in order to derail, in some manner, investigations into the Russian 2016 election interference).
5) These three (plus, perhaps, more) acted in concert to complete Comey's firing, which had the result of impairing the normal functioning of the FBI, and to "cover-up" the real reason for Comey's firing in order to hide the true purpose behind the conspiracy: to protect T***p (and, perhaps, others) from improper dealings (which may include collusion with Russian agents, money-laundering for Russian citizens and other criminal activity possibly to be revealed in said investigation(s)), by derailing, delaying or otherwise impeding investigations into the Russian 2016 election interference.
Cases rely heavily on the definition of "defraud" provided by the Supreme Court in two early cases, Hass v. Henkel, 216 U.S. 462 (1910), and Hammerschmidt v. United States, 265 U.S. 182 (1924). In Hass the Court stated:
The statute is broad enough in its terms to include any conspiracy for the purpose of impairing, obstructing or defeating the lawful function of any department of government . . . (A)ny conspiracy which is calculated to obstruct or impair its efficiency and destroy the value of its operation and reports as fair, impartial and reasonably accurate, would be to defraud the United States by depriving it of its lawful right and duty of promulgating or diffusing the information so officially acquired in the way and at the time required by law or departmental regulation.
Hass, 216 U.S. at 479-480.
In Hammerschmidt, Chief Justice Taft, defined "defraud" as follows:
To conspire to defraud the United States means primarily to cheat the Government out of property or money, but it also means to interfere with or obstruct one of its lawful governmental functions by deceit, craft or trickery, or at least by means that are dishonest. It is not necessary that the Government shall be subjected to property or pecuniary loss by the fraud, but only that its legitimate official action and purpose shall be defeated by misrepresentation, chicane or the overreaching of those charged with carrying out the governmental intention.
Hammerschmidt, 265 U.S. at 188.
Ladies and gentlemen of this Grand Jury, I ask that you return indictments against Donald John Trump, Jefferson Beauregard Sessions III and Rod Jay Rosenstein for violation of Title 18 USC § 371, Conspiracy to commit offense or to defraud the United States.