TL/DR –
Former President Donald Trump’s lawyers plan to use prosecutors’ statements in other cases related to the Jan. 6 Capitol attack to undermine the case against him, according to recent court filings. They argue that past prosecutors’ positions contradict the current assertion that Trump shares responsibility for the attack. The defense team also plans to argue that Trump genuinely believed his false claims about the 2020 election, and therefore lacked criminal intent.
Trump’s Defense Strategy for Jan. 6 Trials Revealed in Court Filings
Former President Donald Trump aims to utilize prosecutors’ statements in other Jan. 6 cases to challenge the special counsel’s accusations against him, as per court submissions earlier this week. Trump’s legal counsel submitted these documents ahead of his first impending criminal trial, with jury selection set to begin on March 4.
Trump’s defense team has highlighted statements made by prosecutors in other Jan. 6 cases, where defendants blamed Trump for their actions. They argue these statements contradict the government’s current claim that Trump shares responsibility for the events of that day.
“Prosecutors from the United States Attorney’s Office for the District of Columbia (“USAO-DC”) have publicly made inconsistent statements with the Special Counsel’s new contention,” Trump’s lawyers stated in a court filing.
The special counsel’s staff voiced their disagreement with this stance in a discovery letter sent over Thanksgiving weekend, maintaining their position does not absolve individual rioters of responsibility.
Trump’s team also indicate they plan to argue that Trump genuinely believed his debunked claims about the 2020 presidential election. If Trump sincerely believed the election was stolen, they suggest he lacked the criminal intent necessary for conviction.
As prominent right-wing figures use video to push the conspiracy theory of undercover operatives influencing the Jan. 6 violence, Trump’s team is demanding information about any undercover agents present and any instructions they had.
Special counsel Jack Smith’s team, in a letter, stated Trump’s requests about the pipe bomb investigation and offers of immunity to Jan. 6 defendants, among other things, often exceeded their obligations or referred to materials they do not possess. They assured that any relevant materials in their possession have been provided to Trump’s team.
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