An important part of the trial will be whether prosecutors can prove that Mr. Trump had the requisite criminal intent.
Mr. Trump’s lawyers have signaled that they intend to argue that their client’s First Amendment rights are at stake.
Mr. Smith sought to distinguish that from other illegal conduct he accused Mr. Trump of committing.
The indictment is suffused with Mr. Trump’s false public statements about the election, and Mr. Smith called them integral to what he portrayed as Mr. Trump’s criminal plans.
By staying away from those issues, Mr. Smith avoided entanglement with tough First Amendment objections that defense lawyers could raise about his speech that day.
Persons:
Trump, disenfranchisement —, Smith, Trump’s, Rudolph W, Giuliani, John Eastman, Sidney Powell, Jeffrey Clark, Kenneth Chesebro, Boris Epshteyn
Organizations:
Capitol