Analysis: Trump’s attorney John Lauro presented a first pass at a response to the indictment against Donald Trump on Tuesday. It isn’t likely to compel the judge or any potential jury. But it will influence how Trump’s supporters talk about the case.
In every high-profile legal fight, there are two lines of argument. There’s the one that takes place in the courtroom, bounded by the rules of evidence and under the control of a judge. Then there’s the one that takes place in public, at news conferences and in interviews.That latter line of argument is bound only by the shamelessness of the presenter and their concern about their reputations.
What Lauro’s obviously doing, though, is appealing to the pejorative sense in which Trump’s supporters look at the House committee. It was seen as a partisan endeavor, despite the participation of two prominent Republicans and despite most of the evidence coming from Republicans and former Trump administration staffers. Lauro’s trying to transfer that sense of partisan attack to this new indictment. It’s a political play.
But in this case, Trump actively tried to establish his candidacy as a shield. Why else would he declare his candidacy in November 2022? Sure, the guy likes getting people to give him money to fly around and give speeches, but he was doing that anyway. It’s clear that a central reason for Trump’s early announcement was to be able to declare that any of the myriad, known probes into his actions would move forward under the shadow of “politics.
offers a sense of boundaries that might be in place. It doesn’t take much of a stretch to recognize another boundary: when you’re saying things to perpetrate a crime.That was the point made by CNN legal analyst Elie Honig soon after the Lauro interview was completed. “They weren’t just asking for a pause,” Collins replied. “He was asking to overturn the legitimate results.” At other times, Trump was also asking for theto overturn those results, to revisit the Article II process mentioned above. Pence declined to do so. But Lauro’s argument is that Trump had the right, under the First Amendment, to ask.“You can say, well, I think the currency is phony and everybody should be allowed to make up their own money. You can say that,” he.
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