有消息称特别顾问杰克·史密斯派出前总统唐纳德·特朗普一般来说,“目标信”是什么意思?
根据司法部的指导方针和接受美国广播公司采访的专家的说法,正式通知,即目标信函,通常是个人被指控前调查的最后一步。
“一封目标信,从技术上来说,是一份通知,告知政府有确凿的证据证明你涉嫌犯罪,你是一名被引用的假定被告,”前联邦检察官Widge Devaney说。“实际上,这意味着我们几乎肯定会起诉你,如果你有什么要对我们说的,现在就说。”
一;一个司法部网站上发布的目标信函示例概述了如果一个人被告知,如果他或她想在大陪审团面前作证,他们有最后的机会。
“你被告知你是大陪审团调查的目标,”目标信件的例子说。“如果如实回答某个问题会导致你入罪,你可以拒绝回答该问题。您的任何言行都可能在随后的法律诉讼中对您不利。”
前联邦检察官约瑟夫·莫雷诺告诉美国广播公司新闻,调查的目标不太可能选择作证。
“理论上,目标人物可以进来说服大陪审团为什么指控不合适。事实上,这很少成功,如果有的话,目标现在提供了在审判中可以接受的有罪反应,”莫雷诺说。“出于这些原因,辩护律师几乎总是会建议他们的客户不要与大陪审团或任何人谈论此事,因为这是很大的负面影响,几乎没有正面影响。”
当特朗普在国家安全文件案中被史密斯指控时,他在被起诉前不久收到了一封目标信件。
然而,据Devaney说,没有规定目标信件可以发送的时间框架。特朗普在文件案中辩称无罪。
“我认为在这种特殊情况下,我会回头看看我们的先例,这是一种最后通知,这就是史密斯如何使用目标信,”他解释说,并补充说,有人得到目标信而不被指控是“罕见的”。
Trump got a 'target letter." What is one and what does it mean?
With sources saying special counsel Jack Smith has sent former President Donald Trump a "target letter," what does that mean, as a general matter ?
An official notice, a target letter, according to Justice Department guidelines and experts who spoke with ABC News, is typically the last step in an investigation before an individual is charged.
"A target letter, as a technical matter, is notification that the government has substantial evidence linking you to a crime and that you are a quote, putative defendant," Widge Devaney, a former federal prosecutor said. "As a practical matter, it means we are almost certainly going to charge you, and if you have anything to say to us say it now."
An example target letter posted on the Justice Department website outlines that if an individual is informed that if he or she wants to testify before the grand jury, they have a final opportunity.
"You are advised that you are a target of the Grand Jury's investigation," the example target letter says. "You may refuse to answer any question if a truthful answer to the question would tend to incriminate you. Anything that you do or say may be used against you in a subsequent legal proceeding."
Former federal prosecutor Joseph Moreno told ABC News it is highly unlikely a target of an investigation would choose to testify.
"In theory, a target can come in and convince a grand jury why charges would not be appropriate. In reality, this is rarely successful and if anything the target has now provided incriminating responses which are admissible at trial," Moreno said. "For these reasons defense counsel will almost always advise their clients not to speak with a grand jury or anyone for that matter, as it is significant downside and very little upside."
When Trump was charged by Smith in the national security documents case, he received a target letter shortly before he was indicted.
However, there is no rule on the time frame in which a target letter can be sent, according to Devaney. Trump has pleaded not guilty in the documents case.
"I think in this particular instance, I would just look back to that one precedent we have, this was sort of a final notice that that's how Smith used the target letter," he explained, adding it is "rare" for someone to get a target letter and not get charged.