You are a federal prosecutor in Washington, DC, assigned to thefollowing case:

Robert is a political commentator who actively criticizes thecurrent administration on Twitter. Robert also publicly hasdiscussed that he suffers from epilepsy, a condition that may causeseizures under certain conditions, for example exposure to flashinglights.

In late 2017, Robert received a gif file which he opened. Thefile contained a blinking image of a strobe light, which causeRobert to have an epileptic seizure. Robert was taken to thehospital by ambulance, however, upon arrival at the hospital,Robert’s condition was misdiagnosed as less serious than it was.After waiting for treatment for several hours, Robert passedaway.

The FBI discovered that the strobe light gif was set by George,a political activist rival of Robert’s. George admits that he knewRobert had epilepsy, but says he was just “fooling around.”

Your boss, the US Attorney, would like to charge George withfirst degree murder, defined as “the unlawful killing of a humanbeing with malice aforethought.” She has asked you to prepare amemo listing and all possible arguments that the defense is likelyto make regarding the elements of this charge.

Prepare a memo describing to your boss the likelihood of successof convicting George for first degree murder in this case,including an in-depth discussion of actus reus, mens rea,causation, and concurrence. A thorough assignment will explain anddefine each element, and then apply that element to analyze thefacts at hand.