- Nov 14, 2011
- 121,465
- 67,920
- 2,635
what Trump believed is an important part of criminal intent. Trump's defense will try to argue that Trump actually thought he won, so its the job of the prosecutor to prove that Trump knew he lost so that his attempt to overturn the results are a corrupt intent.
See how they can prove he knew he lost.
His intent was to flip the election. It doesn't matter what he believed. If I rob a bank because I believe they have my money but won't give it to me, that's still a felony. It's not legal for him to have fake Trump electors sent to Congress, with the intent for them to be counted instead of legit Biden electors, even if he 100% believed the election was stolen from him. The indictment is clear. It points out Trump had every right to challenge the election legally. He had the right to say whatever he wanted. He had the right to knowingly lie, if he wanted. But what he didn't have a right to do was act in an illegal manner to flip the election. Point being, Smith can convict Trump, on the charge regarding fake electors, without having to prove Trump's state of mind about the fairness of the election.