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Trump's latest legal defense 'signals doubt and weakness' as Jan. 6 trial becomes reality: experts - Raw Story - Celebrating 19 Years of Independent Journalism

  
Via:  Devangelical  •  last year  •  18 comments

By:   Tom Boggioni

Trump's latest legal defense 'signals doubt and weakness' as Jan. 6 trial becomes reality: experts - Raw Story - Celebrating 19 Years of Independent Journalism
A notable change in how Donald Trump describes his state of mind following the 2020 presidential election caught the attention of two legal experts who believe the former president is trying out a new legal strategy - because he knows he's in big trouble.In a column for the Bulwark, attorney Dennis ...

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A notable change in how Donald Trump describes his state of mind following the 2020 presidential election caught the attention of two legal experts who believe the former president is trying out a new legal strategy - because he knows he's in big trouble.

In a column for the Bulwark, attorney Dennis Aftergut and Amherst College professor Austin Sarat pointed out that Trump's declarative "I won the election" now includes a qualifier that he believes will get him off the hook with prosecutors as the reality of his Washington D.C. indictment sinks in.

As they explained, Trump's assertion that he won the election is belied by evidence that he was advised that he had not. One witness stated the former president once admitted, "Can you believe I lost to this effing guy?"

With that in mind, Trump has started stressing that his belief that he'd won was opinion, rather than fact. He recently protested, "I believe I won that election by many, many votes, many, many hundreds of thousands of votes. That's what I think," followed by, "That's my opinion, and it's a strong opinion. And I think it's borne out by the facts, and we'll see that."

As the two experts wrote, that likely won't fly in a courtroom either.

"Perhaps this is just another instance of Trump's doing what the late philosopher Harry Frankfurt labeled 'bullsh----ng' - where the 'goal is not to report facts' but 'rather, to shape the beliefs and attitudes of his listeners in a certain way.'"

"Facts can be verified; opinions, in contrast, are neither true nor false. They are just expressions of feelings or beliefs. They tell us about a person's state of mind. That's why Trump, presumably on the advice of the lawyers preparing him for his upcoming criminal trials, is reframing what he said and did in the aftermath of the 2020 election," they wrote.

They added, "But the 'it was just my opinion' defense won't work in court. And it signals doubt and weakness from a person who reportedly hates showing signs of vulnerability and who as a child was taught never to show it."

The authors wrote that "alternative facts or suddenly trumped-up claims about opinions won't save him," and ultimately could come back to haunt him since he looks like he is changing his story.

"Trump's change of tune will only have him looking even more like the untrustworthy person he is — the kind that juries do not hesitate to convict," they predicted.


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Perrie Halpern R.A.
Professor Expert
1  Perrie Halpern R.A.    last year

Test

 
 
 
devangelical
Professor Principal
1.1  seeder  devangelical  replied to  Perrie Halpern R.A. @1    last year

A+

 
 
 
devangelical
Professor Principal
2  seeder  devangelical    last year

his current attorneys probably consider this a retirement case/client...

 
 
 
TᵢG
Professor Principal
2.1  TᵢG  replied to  devangelical @2    last year

I suspect they have secured a guaranteed pre-payment and are doing this strictly for the money.    

 
 
 
devangelical
Professor Principal
2.1.1  seeder  devangelical  replied to  TᵢG @2.1    last year

I'm hip. I spent the last 25 years of employment writing construction contracts with zero wiggle room.

 
 
 
TᵢG
Professor Principal
3  TᵢG    last year

This is not surprising.   I would hate to try to defend Trump in either the documents or the Jan 6th indictments.   I do not see what they have to work with other than variants of a delusion defense and I doubt that offers any legal cover.

 
 
 
devangelical
Professor Principal
3.1  seeder  devangelical  replied to  TᵢG @3    last year

they're going to slow walk the entire process and bank on a hung jury by a single juror at the end.

 
 
 
TᵢG
Professor Principal
3.1.1  TᵢG  replied to  devangelical @3.1    last year

It only takes one MAGA to derail justice.

 
 
 
devangelical
Professor Principal
3.1.2  seeder  devangelical  replied to  TᵢG @3.1.1    last year

plenty of examples of that in the last 7 years...

 
 
 
JBB
Professor Principal
3.2  JBB  replied to  TᵢG @3    last year

That old, "He did not believe what he did was illegal for him", Defense?

"Mr Trump are you able to understand the charges against you and are you capable of assisting in your own defense?"

"No, and you can't make me do anything I don't wanna Yourstupidship!"

 
 
 
Kavika
Professor Principal
3.3  Kavika   replied to  TᵢG @3    last year
I do not see what they have to work with

I'm betting on the ''Look at Hillary or Hunter'' defense.

 
 
 
TᵢG
Professor Principal
3.3.1  TᵢG  replied to  Kavika @3.3    last year

Like we see here.

 
 
 
Kavika
Professor Principal
3.3.2  Kavika   replied to  TᵢG @3.3.1    last year
Like we see here.

A hundred times a day.

 
 
 
Kavika
Professor Principal
4  Kavika     last year

LOL, Thunder Mouth babbles again.

 
 
 
Trout Giggles
Professor Principal
5  Trout Giggles    last year

So he's going to use the "I didn't know armed robbery was against the law" defense?

 
 
 
JBB
Professor Principal
5.1  JBB  replied to  Trout Giggles @5    last year

The Pete Rose, "I never knew there was anything wrong with betting on the ballgames I are playing in", Defense...

 
 
 
Trout Giggles
Professor Principal
6  Trout Giggles    last year

That's some good photo shopping up there. It really does look like trmp actually wore a jumpsuit for the cameras

 
 
 
JBB
Professor Principal
6.1  JBB  replied to  Trout Giggles @6    last year

Nice Crocs...

original

 
 

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