Mock Trial: Is Trump Guilty in the January 6th Case?
Jan 5, 2024
53:15
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Lanny Davis, Attorney and Sara Azari, Criminal Defense Lawyer debate whether Trump is guilty in the January 6th case. The prosecution argues criminal intent, while the defense claims Trump acted under legal advice. Topics discussed include conspiracy, Trump's belief in election irregularities, presidential immunity, and the First Amendment's protection of speech.
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Quick takeaways
The prosecution argues that Donald Trump knowingly conspired to obstruct the election results by spreading false claims about voter fraud.
The defense claims that Trump genuinely believed in election irregularities and relied on the advice of his lawyers, arguing that disagreement and reliance on counsel's advice do not constitute criminal intent.
Deep dives
The trial in Washington, D.C. charging Donald Trump with interfering in the 2020 election
Donald Trump is facing a federal trial accusing him of interfering in the 2020 election, with a specific focus on his attempt to block the certification of the election results. The trial comes three years after the invasion of the U.S. Capitol by Trump supporters on January 6th.
The new format of a mock trial to explore the arguments for and against Trump's guilt
The podcast episode introduces a new format by presenting a mock trial where two attorneys assume the roles of Trump's prosecution and defense. The attorneys aim to make their cases and explore the laws, principles, and strategies that may come into play during the actual trial.
The four indictment charges against Trump in the mock trial
The mock trial focuses on four indictment charges against Trump: conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of an official proceeding, and conspiracy against rights. These charges relate to false claims about the election outcome, attempts to obstruct the certification process, and conspiracy to hinder the right to vote.
Arguments made in the mock trial regarding guilt and innocence
The prosecution argues that Trump knew he was lying about voter fraud and deliberately conspired to obstruct the election results, citing instances where Trump was informed that he had not lost due to voter fraud. The defense claims that Trump genuinely believed in election irregularities and relied on the advice of his lawyers, arguing that disagreement and reliance on counsel's advice do not constitute criminal intent.
After the 2020 election, former President Trump discredited the election results. The January 6 attack on the U.S. Capitol and Trump’s federal indictment on four charges are tied to his claims. The defense claims proof is needed he had planned to commit a crime and he conducted himself under legal advice. The prosecution argues his actions showed criminal intent to defraud the U.S. and was done knowingly. Now we debate: Is Trump Guilty in the January 6th Case?
Prosecutor:Lanny Davis, Attorney and Former Presidential Advisor
Defense Attorney:Sara Azari, Criminal Defense Lawyer; Legal Analyst for NewsNation
Judge's Chair: John Donvan, Moderator-In-Chief and Emmy award-winning journalist