Donald Trump faces the most serious legal threat yet. Credit: AP
Donald Trump's criminal trial for attempted coup 2020 election will depend on whether he knew his claims of voter fraud were false.
Prosecutors will have to prove «mens rea» — «guilty mind» or criminal intent — proving that Mr. Trump was lying when he told supporters that he thought the election had been «stolen.»
Legal analysts were divided on opinions as to whether the 45-page indictment from Special Counsel Jack Smith demonstrated that this was Mr. Trump's state of mind.
>According to the allegations, Mr. Trump «deliberately colluded» to «deceive the United States» by spreading «lies» about the election results.
«It's very difficult to prove»
But Brett Tolman, a former U.S. Attorney, said that Trump would be able to defend himself by saying that he «did not buy into the result» and therefore has the right to challenge it.
Referring to the indictment, he said: «The most important element is men's clothing. I don't see the intention here.
«You can put all sorts of whipped cream on the manure, and it's still manure.»
Tim Parlatore, Trump's former lawyer, said: «It's very hard to prove. He [Mr Trump] really believes there was a scam. He believed then. He believes it today.
«It's an incredibly tall mountain [for the prosecution].»
However, other legal analysts called the indictment a «masterpiece.»
The indictment stated that «these allegations [of fraud] were false and the defendant knew they were false.»
It says Mr. Trump has «repeatedly been advised that his claims were not true, often from people he relied on for candid advice on important issues.»
Despite the fact that he «deliberately ignored the truth,» the report said.
«The Base» has become more entrenched
The indictment included an email from a key Trump adviser prior to the January 6, 2021 U.S. Capitol riot.
An email aide called in election fraud claims «the conspiracy was launched from a carrier ship.»
The indictment — the third against Trump — prompted Democrats and some Republicans to predict his demise.
< p>But the former president's political obituary has been written many times already.
Based on precedent, the latest indictment would mean that he not only maintains his support, but strengthens it.
< p>So far, every time he has faced criminal charges, Mr. Trump's «base» has become more entrenched, as have his opponents.
Previous allegations involved holding classified documents and paying money to silence porn star Stormy Daniels .
Mr. Trump's latest indictment may not matter much to his poll results. Photo: REUTERS
After the two cases were filed, he saw an increase in fundraising as he accused the Democrats of using the justice system against him.
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Minutes after the latest accusations, the Trump campaign sent out an email offering T-shirts with 'I support Trump' for $47 (£36).
The allegations mean that if Trump is the Republican nominee, which currently seems likely, the chances of any voters switching to the other side in 2024 are becoming more and more distant.
This means next year there will be a «clear» election in which both Republicans and Democrats seek to energize their core constituencies rather than trying to convince the other side.
According to the latest poll, Trump and Joe Biden have exactly the same level of support — 43 percent.
This figure has remained virtually unchanged since Mr. any accusations.
It is unlikely that he will change much after his third accusation.
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