Trump's key defenses, Steven Lubet writes, would hinge on either asserting that he genuine believed his fraud claims, or that he was misled by lawyers.
, including conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, attempt to obstruct an official proceeding, and conspiracy against rights.and has dismissed the case as a politically motivated attack against him as he runs for president again in 2024.
Former President Donald Trump is displayed on a screen during a meeting of the House select committee that was in charge of investigating January 6, 2021, on December 19, 2022, in Washington, D.C. Trump's most likely defenses against his federal criminal charges for election subversion are risky and could very well backfire on him, according to legal expert and professor Steven Lubet on Monday.Once in court, Lubet continued, these tactics could very easily backfire.
"The result would likely be devastating," Lubet wrote."At a minimum, Trump would be questioned about every false statement alleged in the indictment. If he denied making the claims, there would almost certainly be prosecution witnesses to contradict him. If he maintained that his statements were all true, there will be a mountain of evidence to contradict that.
Furthermore, if Trump were to try and claim that he had been given bad counsel by his legal team, known as the"advice of counsel" defense, it would void attorney-client privilege and would prevent the likes ofor John Eastman from claiming confidentiality to avoid testifying about their alleged involvement, the legal analyst added.
"The lawyers, some of whom have been identified as unindicted co-conspirators, could assert the Fifth Amendment for themselves, but that would just undermine Trump's defense," Lubet wrote."Moreover, the privilege waiver would also apply to any of the lawyers who confidentially told Trump he had lost the election, making them available to testify against him even over his objection.
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