The Legal Strategy Behind the Latest Trump Indictment
Aug 8, 2023
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Charlie Savage, a Washington correspondent for The New York Times, explains the legal strategy and potential defenses behind the indictment of former President Trump for attempting to subvert the 2020 election. They discuss the charges, the special counsel's approach, and Trump's potential defense centered around the First Amendment. The episode also touches on Yellow's bankruptcy filing and its impact on jobs and the supply chain.
The Trump indictment is structured as one long narrative using multiple charges, creating redundancy and multiple perspectives to strengthen the prosecution's case.
The special counsel's strategic approach of using multiple charges aims to mitigate the risk of a single charge or interpretation undermining the entire case against Trump.
Deep dives
The Structure of the Indictment and Legal Strategy
The indictment against former President Trump for trying to overturn the 2020 election is structured as one long narrative rather than a series of separate charges. It alleges that Trump and his co-conspirators engaged in various actions to stay in power despite losing the election. This narrative is charged under three different criminal statutes, including conspiracy to defraud the government, conspiracy to obstruct an official proceeding, and conspiracy to disenfranchise voters. This approach creates redundancy and multiple perspectives, providing a safety net for the prosecution's case.
The Novelty of the Case and Built-in Suspenders
Due to the unprecedented nature of the case, the special counsel has taken a strategic approach of using multiple charges to strengthen the case against Trump. The indictment includes multiple perspectives to establish different criminal lenses through which Trump's actions can be viewed. This built-in suspenders approach aims to mitigate the risk of a single charge or interpretation undermining the entire case, considering the lack of legal precedents for prosecuting someone attempting to subvert the election in such a manner.
Defense Arguments and Potential Weaknesses
Trump's potential avenues of defense include invoking the First Amendment, arguing lack of criminal intent, and relying on advice of counsel. However, the First Amendment defense may be challenged given the intertwining of Trump's public and private speech and the inclusion of other criminal actions in the indictment. Trump's belief in his own election victory may not absolve him of criminal intent if other crimes were committed in furtherance of his goal. The advice of counsel defense may also face challenges, particularly if other professional lawyers on Trump's team advised against his actions. Trump's defense is likely to employ multiple arguments to increase his chances of success.
To win a conviction against former President Donald J. Trump for trying to subvert the results of the 2020 election, Jack Smith, the special counsel, is applying laws in ways that have never been used before.
Charlie Savage, a Washington correspondent for The Times, explains Mr. Smith’s approach and previews Mr. Trump’s likely response.
Guest: Charlie Savage, a Washington correspondent for The New York Times.
. Transcripts of each episode will be made available by the next workday.
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