The problem with prosecuting a former president, Times columnist DoyleMcManus writes, 'is that convincing a jury that Trump is guilty beyond a reasonable doubt will still be difficult.'
A special grand jury investigating Trump’s efforts to undermine the election has subpoenaed seven allies of the former president.
Others disagree. Donald B. Ayer, another Republican former prosecutor, thinks a conviction would be possible. “Trump was ready to have Mike Pence be killed,” Ayer said. “You tell that story to a jury, and I think you win.” Last month, FBI agents searched the Virginia home of Jeffrey Clark, a former top Justice Department official who pushed colleagues to endorse Trump’s claims of voter fraud.
Even so, Trump will be able to argue in his defense that he lacked criminal intent, by claiming either that he genuinely believed the election had been stolen or did not know that interfering with Congress could be against the law.
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