This would essentially boil down to whether prosecutors could prove that Trump knew his claims about the 2020 election being stolen were false, as his defense lawyers will likely argue that the twice-impeached former president sincerely believed he was acting to stop what he thought was a corrupt and illegitimate election.
Appearing on CNN Friday, former FBI Deputy Director Andrew McCabe argued that there are ways that prosecutors can beat back this particular defense and establish that Trump was corruptly trying to interfere with the congressional certification process.
"There would be a litany of people, not just anyone, but lawyers, not just any lawyers, but Trump's own lawyers, Trump's campaign lawyers, Trump's Justice Department in the form of the men we saw testifying yesterday, all of whom will say that we very clearly and logically... explained to him that he was wrong," McCabe explained. "So looking at that conflicting evidence, Trump's claim that he believed it -- and this litany of witnesses that will testify that there is no way he could have -- the jury is free to decide that trump is not telling the truth."
Speaking for himself, McCabe said that "it is just not even reasonable to think that someone in those circumstances wouldn't know, wouldn't be able to understand what they were being told, which is that the election was not stolen."
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