Opinion | No, Jack Smith doesn’t have to prove Trump knew he lost

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Opinion | No, Jack Smith doesn’t have to prove Trump knew he lost
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If Jack Smith can prove Trump committed the actions in last week's indictment, writes LevinsonJessica, 'it doesn’t matter whether Trump believed the election was stolen from him....It is legally immaterial.'

Yes, Smith did spill a good deal of ink including allegations that, if proven, would demonstrate that Trump was well aware that Biden had defeated him, and that his statements to the contrary were knowing lies. But those allegations merely help Smith tell us, and eventually a jury, a consistent story. They fill in the narrative contours of the facts alleged in the indictment. TheyTo be clear, Smith must still prove that Trump acted with criminal intent.

Let’s paint a picture. The sun rises on a beautiful day in Anytown, U.S.A. You attend your town’s annual parade for “Presidents Who Have Not Been Indicted.” While there, a pickpocket takes $100 from your wallet. You are completely convinced that the perpetrator is your neighbor, who was standing beside you for the entirety of the parade. As the sun sets on the day, you hatch a plan to get your money back. You break into your neighbor’s home, rummage through her purse, and take $100.

: pressured state election officials to declare that Trump won the states they represent ; attempted to send “fake electors” to vote in the Electoral College ; tried to get members of the Justice Department to endorse the idea that there was election fraud ; sought to get then-Vice President Mike Pence to refuse to certify the Electoral College votes ; and supported an angry mob who attempted to prevent the certification of the Electoral College.

If Smith can prove that Trump did in fact undertake each of those actions, it doesn’t matter whether Trump believed the election was stolen from him, or that he was the one stealing the election. It is

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