Actually, the indictment includes reference to Trump himself making comments that suggest he didn't really believe what he was spouting. His behavior (specifically the timing) is also suggestive of him not truly believing it.This is the crux no? The advice that Hunstman, Giuliani and Powell were giving him was completely contrary to that of most of the people in his administration and state officials.
How can you criminalize a client following poor legal advice?
More over. How can you criminalize Giuliani and Powell forwarding spurious legal theories? Isn’t the process by which you combat that by offering valid legal theories and facts? Which is what happened. In every state.
Is there anywhere in the indictment where Giuliani, Powell or Trump admit to knowing better? I haven’t seen it.
They have Trump in a box. To defend his intent and speak to his state of mind he will almost certainly have to take the stand and disavow his council. Clever.
SCOTUS almost certainly overturns this on appeal. Smith will struggle to prove intent of all he has is “Pence told him this”, “Barr told him that”
However, that is a matter of fact, to be determined by the jury at trial.