The indictment against former President Donald Trump for his role in attempting to overturn the 2020 election results is the most important case in U.S. history, according to the author. The indictment alleges that Trump conspired to make false claims of election fraud and used those claims in an attempt to steal the election through pressuring state officials and interfering with Congress’ certification of the electoral votes. If convicted, it would deter future would-be authoritarians from attempting to subvert elections. However, Trump may argue that he honestly believed the election was stolen, and assert First Amendment defenses. Still, the risks of not prosecuting Trump for undermining democracy are greater than the risks of prosecution. The outcome of this case will greatly influence whether the U.S. remains a democracy after 2024.
He is going to argue that he was fed bad information by his alleged co-conspirators and had reasonable concerns about the integrity of the election. No mens rea, no conviction. Bullshit, of course, but it doesn’t take a whole lot to hang a jury, and I would think that is particularly so in a politically charged case. I have seen a lot of good arguments to the contrary, but folks have to understand that proving this part is harder than you might think.
He is in greater immediate jeopardy with the documents case where it is impossible to see him mounting a successful defense, at least if the law is followed. The question there will be the severity of the consequences. Will he plead out? Will he get a slap on the wrist?
Edit: interesting short blurb here where Bill Barr is quoted as saying he thinks prosecutors have additional evidence establishing intent.
https://www.cnn.com/2023/08/03/politics/bill-barr-trump-arraignment-2020-election/index.html