There are three problems with Trump's planned defense
From what I am hearing, Trump is planning to go into court and prove that he really won the election after all so it was okay for him to have done what he did to take back what was rightfully his.
Let’s skip over the part that there are limits to what you can do to take back what is rightfully yours. If my bank accidentally deposits my paycheck into someone else’s account, I can’t legally go to the bank with a loaded Uzi to encourage them to correct their error. Nor can you legally start a riot at the Capitol to encourage the Vice President to ignore the will of the voters and give you an office you lost.
The first problem Trump has is that both the facts and the law are so far out of his favor he can’t even pound the table. Sixty lawsuits alleging the election was stolen were heard. He lost them all. That the election was legitimate is established fact.
The second problem is that he will have to take the stand in his own defense to pull this off. When he does it’s not going to go like he thinks. It ain’t gonna be “yes, Mr. President, you were aggrieved by this stolen election and you did everything you could to keep your office so we’re going to immediately throw the entire Democratic Party in prison, allow you to be president for the rest of your life, annul the sentences and guilty verdicts of everyone involved in the visit to the Capitol on January 6, 2021, and award you $25 billion to do whatever you want with.” Naah… it’ll be way different than that.
The third and most important is he doesn’t have the judge. If he was facing a Trump-appointed get-out-of-jail-free card like Aileen Cannon or Matthew Kaczmaryk this might work. He had the eternally bad luck to draw Tanya Chutkan, who has been quite joyfully pitching January 6 rioters in jail for longer than the Justice Department requested. The first time Trump or his lawyers claim the election was stolen a warning from the bench will be issued. The second time it will be jail for contempt. No president ever got thrown in jail for contempt before, but there’s a first time for everything
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