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Substantively, I want you to imagine that you are a federal prosecutor and you have to decide whether to take a case or not. The prompt for this paper relates to whether you agree or disagree with the FEC’s decision to drop the campaign finance laws investigation into Donald Trump who is alleged to have paid a “hush-money” payment to an adult film performer (Stormy Daniels) in the amount of $130,000 in violation of federal election laws to influence the 2016 presidential election. Mr. Trump’s lawyer, Michael Cohen, went to prison for his role in the case. Identify whether you agree or disagree with the FEC’s decision and why. Should the Justice Department pick up the investigation in Donald Trump or no? Why or why not?
I want you to first read some background material on this case: a news story about the FEC’s decision, as well as an opinion by a commissioner criticizing the decision, and a letter by commissioners justifying their votes to drop the case.
Read this news story about the FEC’s decision: https://www.washingtonpost.com/nation/2021/05/06/fec-trump-stormy-daniels-cohen/
Read this opinion criticizing the decision: https://www.washingtonpost.com/opinions/2021/05/09/fec-trump-stormy-daniels-case-ellen-weintraub/
Read this letter defending the decision: https://www.fec.gov/files/legal/murs/7313/7313_27.pdf
I want you to think like a prosecutor whose job is to do justice. I am not interested in your political analysis or cultural insights (on this prompt). I am asking you as CJ students to play the role of a prosecutor in this case and say whether you’d confirm or overrule the FEC’s decision in this case based on the principle of the rule of law and the rules of fair play and substantial justice, if it were up to you. Imagine you are a federal prosecutor and it’s up to you to decide whether to pick up the case against Trump or not. Justify the decision you’d make in this case.
I will attach the writing style for this assignment.
Please only use the three sources that are mentioned above