Previous ruling in Jan. 6 rioter case blows a hole in key Trump defense: report

A judge has already ruled against one of Donald Trump's likely defenses in the Jan. 6 case.

The former president has been charged for his attempt to halt the congressional certification of Joe Biden's 2020 election win, and his legal team insists that he hadn't acted corruptly because he sincerely believed he had won -- but legal experts say that shouldn't matter, reported The Guardian.

“There’s no need to prove that Trump knew he lost the election to establish corrupt intent,” said Norman Eisen, special counsel to the House Judiciary Committee during the first Trump impeachment. “The benefit under the statute is the presidency itself – and Trump clearly knew that without his unlawful actions, Congress was going to certify Biden as the winner of the election. That’s all the corrupt intent you need."

A federal judge apparently agreed when he wrote an opinion last month in the conviction of Jan. 6 rioter Alan Hostetter, saying that his belief that the 2020 election was stolen was not a defense to the "corrupt" element in the obstruction charge.

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“Even if Mr. Hostetter genuinely believed the election was stolen and that public officials had committed treason, that does not change the fact that he acted corruptly with consciousness of wrongdoing,” wrote U.S. District Court judge Royce Lamberth. “Belief in the greater good does not negate consciousness of wrongdoing.”

Lamberth noted that Hostetter was “actively cheering on rioters” during the insurrection, and the Trump indictment points out that the former president “exploited the disruption” in a bid to remain in office despite his loss.

Appeals court judge Justin Walker also ruled in April that the corrupt element in Capitol riot case could mean "unlawful benefit," which would require prosecutors to simply argue that Trump sought to obtain a benefit to which he wasn't entitled -- remaining president because Congress had not announced Biden as the next chief executive.