'Can you imagine that?' Legal expert claims Trump may have to defend his social media posts under Jack Smith questioning
According to one former federal prosecutor, if Donald Trump wants to push back at the Department of Justice's case that he knew he lost the 2020 presidential election he may have to take the stand to explain his "state of mind" which would put him under direct questioning by special counsel Jack Smith.
Early Saturday morning, legal analyst Lis Wiehl sat down with CNN's Amara Walker and was asked about the former president's social media posts both around the time of the Jan. 6 insurrection and currently in the form of threats on Truth Social.
"How much of this Trial will hinge on Trump's state of mind, the fact that he — you know, whether or not he believed the falsehoods?" host Walker prompted.
"Right that's going to be critical for the prosecution, and that's probably the most difficult part in a normal fraud case or an intent-related case where you've got to get into the brain of the person," Wiehl replied.
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"But there are so many comments by his lawyers and others, his former attorney general Bill Barr. I mean there are so many other things going on in real-time that show his state of mind," she continued. "That's one. The other thing is, if Trump wants to refute a state of mind that the prosecution has built up by all of this other evidence, guess what, he's got to take the stand, Amara, and that — you know, can you imagine that with Jack Smith having Trump on the stand hitting him with one statement after the other, one action after the other, one tweet after the other."
"I mean, it would be a long and laborious process, days in the making, but Trump would have to take the stand saying, 'I was not thinking that,'" she added.
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