As mentioned in the last post, I have stated that Trump has no defense for what he has done to democracy. Since that last posting, Trump has been criminally indicted (accused) for the 3rd time, as Jack Smith, the prosecuting attorney appointed by the Justice Department, accused Trump of more crimes, specifically centered around the January 6th Insurrection at the Capitol. The tally is now up to 78 criminal charges. Of course, defendant Trump is considered innocent until proven guilty in a court of law. In this latest formal accusation, defendant Trump will find out that he finally met his match. Regardless, the defendant will put on a defense, or at least his attorneys will. Trump himself will attempt to stay out of court for every crime he is charged with, because he is a coward. He will use every stall tactic to delay proceedings and will not testify unless he is finally compelled to, and to be honest here, the defendant doesn’t have a chance in hell unless he testifies. When he does, Trump will incriminate himself. If he pleads the fifth, that will work against him. As if this wasn’t enough, Trump will be indicted a 4th time in Georgia. Details on that will be displayed here at a later date.
In prior indictments, there was the Stormy Daniels/Hush Money Case, the Mara Largo Documents Case in the southern district of Florida Federal Court, and now in Washington D.C.’s district court.
Another upcoming indictment, Trumps fourth, will be coming from the State court in Georgia, where Trump will be accused of trying to steal the election in that state.
Trump faces other lawsuits, as the State of New York is attempting to sue defendant Trump of 250 million dollars and bar Trump from ever doing business in New York state again.
But what will Trump claim as his defense? The following defenses are what defendant Trump will use in a court of law, but in each case, just won’t fly in court. Since I consider Trump out of character as a previous president, and because he belittles and defames everyone who is not on his side, I will never use the word President with the word Trump every again. He will be called ‘Defendant Trump’ instead. He will lose his case, and he will be convicted of felonies in a court of law and faces the rest of his life in prison. So, Trump has nothing to lose here. In every indictment, Trump has claimed he is ‘Not Guilty’, so it will be up to the prosecuting attorney’s job to prove guilt beyond any doubt. But Trump knows, and his attorneys know, that Jack Smith is ready for court. It’s showtime for Jack Smith. It’s stall time for defendant Trump.
Defendant Trump’s defenses call all be debunked. I will list them here and tell you why he will be convicted.
His first defense will be to try to delay all these cases. He doesn’t want to go to trial. Instead, the defendant wants to try his case in the court of public opinion. He feels he has the right to make false statements, accusations, lies and mischaracterizations so that the public thinks he is innocent. The government will test their evidence in court, and that’s what the dependent doesn’t want to happen. Trump wants to get elected and then pardon himself and stop investigations. But Trump will be in court before the election, and the prosecution has the sole burden of proving the case beyond a reasonable doubt. Hearsay is not allowed. The defense doesn’t have to do anything, but his attorneys will have a chance to poke holes in the government’s case if they want to. If they poke any holes in the prosecutor’s case, Trump will be found innocent because if there is any doubt, the defendant cannot be charged. If it is proven by the defense that what the government is accusing Trump of in ANY instance, the jurors must find Trump innocent.
His second defense will be the venue of the court proceedings. He will argue that he cannot get a fair trial in Washington, D.C. because it is overwhelmingly Democratic and most of the voters there did not vote for him in the last election. So, he already is arguing that the court setting needs to be in another state. Already stated by his attorney, Trump wants the venue moved to West Virginia, one of the most Republican leading states in the nation. Unfortunately, the venue of the court proceedings is always located in the state where the offense was committed. So, Trumps argument will not fly.
He will next try to get the judge off the case. In another stall tactic, Trump will claim that Judge Tanya Chutkan has already sentenced many of the January 6th defendants harshly. He will claim that she should recuse herself. But the defendant doesn’t know this. It is up to that judge to recuse herself, if it is proven that she meets the standard of U.S. code section 455a for recusal, or if the judges’ impartiality can be questioned, she must step down. But she will not have to step away from this case because her record as a judge is impeccable.
Trump will try to re-litigate the 7 states where he said that he won the election, the False Elector States. He claimed there was fraud and dead people voting, and he went to court and re-litigated over sixty times, stating that the elections in those states should not count in those states. Trumps defense will have to prove that the state electors were legitimate. Jack Smith will have to prove in each state that the pressure campaign was illegal. Trump will try and delay the cases again, but he will not be successful. The evidence finally will show that Trump tried to get people to commit fraud for him.
Trump will claim that he had a first amendment right of free speech to say things. He called Secretary of State Brad Raffensberger of Georgia and wanted him to find 11,370 votes. He told Mike Pence that he shouldn’t certify the electors results and that he should let the states make the decision to certify. The first amendment’s right to free speech is not absolute. There are things you just can’t say. But it will allow you to lie, in which Trump has lied thousands of times, before, during and after he was in office. But you cannot lie and defame someone, like he did in the E. Jene Carroll, that he never had sex with her, and found guilty in court. He called her names. You can’t lie if it causes fraud. There are limits to free speech. Trump had the right to challenge the election with his words, but he can’t use his words to set in motion a series of events to cause violence in the capital and then try to steal an election.
Trump will claim he got bad advice of counsel in the fake elector scheme. It is a defense that he will use. What it means is if you seek advice from counsel, and they tell you what to do, and you follow that advice in good faith and as a result you inadvertently commit a crime. You cannot be prosecuted for that crime when you get bad advice from counsel. Trump tried to take advantage of this, as he hired lawyers that would go along with his scheme to give him bad advice. The crime fraud exemption takes place here as Trump had lawyers to go along with his scheme, I.E. John Eastman, who is the so-called mastermind behind the insurrection of January 6. All these facts will be proven in court.
The last thing Trump will try to do is preclude his vice-president Mike Pence from testifying because of executive privilege and Pence previously did not want to testify because of this privilege, and there is a speech and debate clause that protects him. The Executive privilege belongs to the current holder of the Executive office, which is President Joe Biden, not defender Trump and presently, Mike Pence in not a holder of an Executive office. So, this will not fly. Mike Pence will have to testify unless he pleads the fifth.
Defendant Trump really has his hands tied trying to defend himself in all these cases, but the Insurrection case most likely will land him behind bars, and he will never be qualified to run from public office ever again. He stands to spend the rest of his life behind bars.