Donald Trump, like any other American, has the constitutional right to remain silent rather than potentially incriminating himself, but he rarely avails himself of that opportunity, a legal expert said.
Former federal prosecutor Glenn Kirschner delivered a closing argument-style presentation on his YouTube channel highlighting recent remarks the Republican nominee made that he believes show evidence of guilt in the Jan. 6 case that remains pending just days before the election.
"Special counsel Jack Smith's team must work overtime capturing and cataloguing all of Donald Trump's sharply self-incriminating statements," Kirschner said.
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The former president participated this week in a town hall event for Univision, here he made a statement about the attack on the U.S. Capitol by his supporters that was both factually inaccurate but also, as Kirschner said, revelatory.
"Ashlii Babbitt was killed, nobody was killed," the former president said. "There were no guns down there. We didn't have guns, the others had guns, but we didn't have guns."
Several rioters had firearms, according to court documents, video evidence and news coverage, while dozens more had knives and other weapons, but Kirschner said the ex-president tied himself directly to the plot that has resulted in hundreds of guilty pleas and convictions.
"There it is, friends: Donald Trump using that personal plural pronoun 'we,'" Kirschner said. "'We didn't have guns' that day, 'we' meaning Donald Trump and his foot soldiers, the people he told to attack the Capitol that day. Go to the Capitol, fight like hell or you won't have a country anymore – now stop the certification, stop the steal. Donald Trump says 'we didn't have guns that day,' the other side had guns. Well, that would be the police who were protecting inside of the U.S. Capitol who were trying to certify Joe Biden's election win."
"But by using that royal 'we' – 'we didn't have guns' that day at the Capitol – Donald Trump aligns himself with the angry mob, with the insurrectionists," he added.
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