this post was submitted on 02 Aug 2023
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Politics
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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