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Trump's legal team just used a line of defense that they're likely to make if he is criminally charged

By Curt_Anderson
July 28, 2022 8:05 pm
Category: Law

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Trump's lawyers seem to be primed to use the ol' Kierkegaard-Costanza defense. I wonder if other criminals, burglars for instance, will insist that they really, sincerely believed it was their stuff they were taking that night, therefore there was no criminal intent.

Former President Donald Trump's legal team threatened to sue the cable network CNN for defamation, and the letter signals his attorneys are using a strategy likely to be a central defense should he ever face criminal charges related to his role in attempts to cling to power despite losing the 2020 election.

In the 282-page document, his lawyers said that the television network repeatedly said that Trump was "lying" and "fed a narrative that denounced President Trump's legitimacy and competency" following the presidential election.

The lawyers said CNN's portrayal of Trump is inaccurate because Trump "subjectively believes" there was election fraud in the 2020 presidential election.

One of the likely defense strategies Trump's lawyers could employ is to argue that he genuinely believed that there was election fraud and did not have the intent to commit a criminal act.

For instance, in the document, the lawyers go into more detail about how Trump did not lie about election fraud by writing the full definition of that word.



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Comments on "Trump's legal team just used a line of defense that they're likely to make if he is criminally charged":

  1. by Curt_Anderson on July 28, 2022 9:34 pm
    Since Trump is using a specific definition of "lie" in his threatened defamation suit, CNN in their defense can select their preferred dictionary definition of "lie". One definition is this, "to indicate or suggest something that is not true or accurate". That certainly sums up what about sixty courts have decided about Trump's election fraud claims.

    More interesting in this case is Trump's attorneys' use of the word "subjective" as in "President Trump's subjective belief" which is the wording they used in their letter to CNN.

    Subjective means "based on or influenced by personal feelings, tastes, or opinions". In other words a belief not based on evidence or facts. I wonder if Trump would under oath admit his "subjective belief" is nothing more than his baseless opinion or feeling.

    Does anybody who has subjective beliefs refer to them as "subjective beliefs". Is there a religion where the parishioners pray "we subjectively believe in God Almighty"?

    It could be very interesting if Trump and his legal team employ the "subjective belief" gambit in court. Trump would be obliged to take the stand.





  2. by HatetheSwamp on July 29, 2022 4:23 am

    Ultimately, it's the subjective belief of CNN that is at issue.

    I follow Trump more closely than anyone here. From what I know, he sincerely believes, to this day, that the election was rigged and stolen.

    Without evidence...and, I'd suggest, with, well, derangement...CNN is falsely claiming that Trump has chosen, using your definition, "to indicate or suggest something that is not true or accurate".

    From everything I can see, Trump is expressing his deepest heart felt conviction when he talks about the election.

    CNN has been caught in the lie.


  3. by islander on July 29, 2022 4:50 am

    That’ll never fly. Trump was never going to admit that he lost the election. Trump was announcing before the election that if he lost he was going to claim it was rigged or stolen.

    His personal attorneys, and those in his inner circle made it perfectly clear to him that the election was not stolen. He should have known, and in most reasonable people’s minds he “did know” that the election wasn’t stolen.

    There is no reason why he couldn’t have known.

    Those who look at this are also fully aware that he is a conman and a compulsive liar.



  4. by HatetheSwamp on July 29, 2022 5:25 am

    Trump was announcing before the election that if he lost he was going to claim it was rigged or stolen.


    Provide a link.

    His personal attorneys, and those in his inner circle made it perfectly clear to him that the election was not stolen.


    All of them? Really? Pretend you're a CNN lawyer. Prove it.


  5. by Donna on July 29, 2022 7:36 am
    "From everything I can see, Trump is expressing his deepest heart felt conviction when he talks about the election." - Hts

    Since that would require actually having a heart, I disagree. Trump is incapable of having a heartfelt conviction of anything other than "I'm the greatest".

    Everyone (I guess besides Hts) knew that if he lost, he'd automatically cry "election fraud!" Steve Bannon even predicted it.

    On the evening of October 31, 2020, Steve Bannon told a group of associates that President Donald Trump had a plan to declare victory on election night—even if he was losing. Trump knew that the slow counting of Democratic-leaning mail-in ballots meant the returns would show early leads for him in key states. His “strategy” was to use this fact to assert that he had won, while claiming that the inevitable shifts in vote totals toward Joe Biden must be the result of fraud, Bannon explained.

    “What Trump’s gonna do is just declare victory. Right? He’s gonna declare victory. But that doesn’t mean he’s a winner,” Bannon, laughing, told the group, according to audio of the meeting obtained by Mother Jones. “He’s just gonna say he’s a winner.”

    “As it sits here today,” Bannon said later in the conversation, describing a scenario in which Trump held an early lead in key swing states, “at 10 or 11 o’clock Trump’s gonna walk in the Oval, tweet out, ‘I’m the winner. Game over. Suck on that.'”

    Trump’s plan to falsely declare victory while tens of millions of votes were still being counted was public knowledge even before the election. Axios reported on the scheme at the time. Bannon himself discussed the idea on November 3—Election Day—on his War Room podcast. Weeks earlier, Bannon had interviewed a former Trump administration official who outlined how Trump would use allegations of fraud to dispute an electoral defeat and would seek to have Congress declare him the winner. Last month, the congressional committee investigating January 6 detailed how Rudy Giuliani convinced Trump to go ahead with a victory declaration after 2 a.m. on November 4, over the objections of campaign staff. “Frankly, we did win this election,” Trump insisted in that infamous news conference.

    motherjones.com


  6. by HatetheSwamp on July 29, 2022 8:14 am

    Trump does have a heart. The video proves it!
    View Video


  7. by Donna on July 29, 2022 9:04 am
    LOL! What does that have to do with Trump, though?


  8. by HatetheSwamp on July 29, 2022 9:11 am

    The point being that there're different types of heart.


  9. by Curt_Anderson on July 29, 2022 12:38 pm
    There is a week left in Trump's ultimatum to CNN. Mark the date. Then it's put up or shut up time. We will see who backs down. I predict that CNN will continue to refer to "the Big Lie", Trump's lies and Trump as a liar this coming week and thereafter. No lawsuit or threat of a lawsuit will stop CNN from stating the obvious truth about the 2020 election no matter Trump's "subjective belief".


  10. by HatetheSwamp on July 29, 2022 4:29 pm

    Trump spoke as if he's determined.


  11. by Curt_Anderson on July 29, 2022 4:37 pm
    HtS,
    So you think that Trump will go through with his lawsuit? Do think he will prevail against CNN?

    We will soon see.


  12. by HatetheSwamp on July 29, 2022 4:40 pm

    He seemed intent.

    I got the idea that he's going to make the case that the election was "rigged and stolen."

    He's got stuff you don't know about because you only follow SwampMedia.


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