Things As They Are, Are Changed Upon My Law Guitar 🎸

Jack Smith can prove 'Trump participated in an insurrection': Former Bush DOJ officialhttps://t.co/4wRpXLVFFF

— Raw Story (@RawStory) July 14, 2023

Yup.

Tl;dr:  elements of conspiracy require agreeing with at least one other person to commit an unlawful act; and then taking steps to further that agreement. 

Can Trump defend himself by saying he sincerely thought he won the election? No.

And here's where Lamberth explains why it doesn't matter that Hostetter sincerely believed that Trump won.

It doesn't matter whether Hostetter believed it. It doesn't matter whether Trump did. pic.twitter.com/gw423IfjmW

— emptywheel (@emptywheel) July 14, 2023

The findings of fact are not “Game Over!” for a conspiracy charge against Trump over J6; but it provides good insight into what he’s facing. And again, reporters who are not lawyers should stay away from reporting on legal matters:

Maggie and Mike Back Together Again, This Time on, or with, January 6 Corrupt Purpose

It doesn't matter whether Trump knows he lost for charges under 18 USC 1512(c)(2)https://t.co/E0JvLDbCVt

— emptywheel (@emptywheel) July 14, 2023

And, of course, to even present that defense, Trump would have to testify:

Trump 'would be murdered on cross examination' if he told jury he believed election lies: legal expert https://t.co/DTHPfzibWU

— Raw Story (@RawStory) July 14, 2023

Which is one reason he’s throwing the PRA into his documents case. Like the E.Jean Carroll case, he dare not testify. And he has no real defense.