A story out yesterday by Rolling Stone, which has delivered some of the most cutting edge reporting around the January 6 insurrection and coup attempt, indicates that Trump and his advisors are now huddling to consider the former president’s potential legal defenses should charges be brought against him and his inner circle. According to three sources familiar with these preparations, Trump’s lawyers are looking at two major lines of defense, one based on “advice of counsel” and the other on his broad First Amendment right to freedom of expression, particularly the right to petition the government for grievance.
Jay, I’m losing track of all of the possible charges from the insurrection, tax fraud and the pending sexual assaults. Do you know of a current list of all of his legal exposures?
Unfortunate typo-omission: "There is ample evidence that Trump knew that the election was stolen but nevertheless spread that lie to justify his coup attempt;"
I think you meant. TOS at that Trump knew the election was NOT stolen at the end there. Would love to see him prosecuted but don’t believe we ever will he was raised with privilege and flaunts that every single day. He thinks he is above the law and for good reason, he has never had to suffer consequences for his actions including now
While he's always had wealth, he's squandered it on bad deals & legal fees. But he absolutely has unlimited funding from his wealthy "friends/co-conspirators", corrupt leaders in other countries, & his ever faithful, hard working, below middle class struggling supporters.
The diverted donations meant for campaigns to use for legal fees should have it's own hearing.
If these two are the only bases for argument the defense has, I don't see how *trump (and certainly Eastman and the rest of Team Crazy) even have a prayer of beating their J6 raps. But my questions are
1. What exactly will be those raps? I know you have written about this, Jay, but I look forward to your unpacking of what the specific J6 and Georgia charges will likely be based on what is already known, and what it would take to prove *or beat* those charges. And
2. What is the range of possible penalties for conviction?
I know that's a lot, and #2 may be unrealistically premature, but maybe you can give it a shot?
"There is ample evidence that Trump knew that the election was stolen but nevertheless spread that lie to justify his coup attempt; " Needs correction to "...was not stolen..."
If I could waive a wand and send the orange thing back in time prior to his conception, I would without a second thought. But since we must all go through this version of monkey pox..... For now, I can only hope and pray that the legal teams working on his charges and subsequent incarceration are successful. Reality is that he may never see a day in prison; many will pay his legal fees even though they can't afford to donate one dime. They will sacrifice their needs because they believe in their souls the election was stolen and he needs their help. In the meantime, his legal team will bend every rule possible to keep him out of jail and he probably won't pay them for all of their efforts, citing some bogus reason like he dissatisfied with the results. [Note - those same lawyers need to be careful. They may need their own lawyers if they take his advice and not advice of counsel.]
As for me, I will look for a wand that can do the job of sending him back in time while hoping and praying this ship is repaired, steadied and placed back on a good path all on his dime.
Thanks for the excellent recap of Trump’s exposures and potential defense strategies. I’d rather see him admit publicly that the “big lie” was just that-a lie. We need to avoid the spectacle of such legal proceedings. He would be unlikely to survive a thorough pre trial deposition under oath and needs to fade away. He can’t admit fault emotionally and practically, so some sorry sad circus is inevitable.
Minor typo in the second to last paragraph...
"There is ample evidence that Trump knew that the election was stolen but nevertheless spread that lie"
Should probably be "knew that the election was NOT stolen"
Just about to post same!
There is ample evidence that Trump knew that the election was (?) stolen ????
Jay, I’m losing track of all of the possible charges from the insurrection, tax fraud and the pending sexual assaults. Do you know of a current list of all of his legal exposures?
Unfortunate typo-omission: "There is ample evidence that Trump knew that the election was stolen but nevertheless spread that lie to justify his coup attempt;"
I think you meant. TOS at that Trump knew the election was NOT stolen at the end there. Would love to see him prosecuted but don’t believe we ever will he was raised with privilege and flaunts that every single day. He thinks he is above the law and for good reason, he has never had to suffer consequences for his actions including now
While he's always had wealth, he's squandered it on bad deals & legal fees. But he absolutely has unlimited funding from his wealthy "friends/co-conspirators", corrupt leaders in other countries, & his ever faithful, hard working, below middle class struggling supporters.
The diverted donations meant for campaigns to use for legal fees should have it's own hearing.
If these two are the only bases for argument the defense has, I don't see how *trump (and certainly Eastman and the rest of Team Crazy) even have a prayer of beating their J6 raps. But my questions are
1. What exactly will be those raps? I know you have written about this, Jay, but I look forward to your unpacking of what the specific J6 and Georgia charges will likely be based on what is already known, and what it would take to prove *or beat* those charges. And
2. What is the range of possible penalties for conviction?
I know that's a lot, and #2 may be unrealistically premature, but maybe you can give it a shot?
I continue to be so thankful for your insight- and for your generosity in taking the time to share your knowledge so clearly and concisely.
"There is ample evidence that Trump knew that the election was stolen but nevertheless spread that lie to justify his coup attempt; " Needs correction to "...was not stolen..."
The TYPO has been corrected re: ample evidence...
If I could waive a wand and send the orange thing back in time prior to his conception, I would without a second thought. But since we must all go through this version of monkey pox..... For now, I can only hope and pray that the legal teams working on his charges and subsequent incarceration are successful. Reality is that he may never see a day in prison; many will pay his legal fees even though they can't afford to donate one dime. They will sacrifice their needs because they believe in their souls the election was stolen and he needs their help. In the meantime, his legal team will bend every rule possible to keep him out of jail and he probably won't pay them for all of their efforts, citing some bogus reason like he dissatisfied with the results. [Note - those same lawyers need to be careful. They may need their own lawyers if they take his advice and not advice of counsel.]
As for me, I will look for a wand that can do the job of sending him back in time while hoping and praying this ship is repaired, steadied and placed back on a good path all on his dime.
I think Trump and his team are planning to rely on "his" Supreme Court justices, more than any real legal arguments.
In other news, what do you think of Lindsey Graham's claim of absolute immunity from testifying about the efforts to overturn the Georgia results?
Thanks for the excellent recap of Trump’s exposures and potential defense strategies. I’d rather see him admit publicly that the “big lie” was just that-a lie. We need to avoid the spectacle of such legal proceedings. He would be unlikely to survive a thorough pre trial deposition under oath and needs to fade away. He can’t admit fault emotionally and practically, so some sorry sad circus is inevitable.