Special Counsel Jack Smith’s indictment of former President Trump criminalizes the types of claims from politicians of both parties about rigged elections that have been tolerated in many instances in the recent past. At its heart, the indictment of Trump for conspiracy to defraud the United States and obstruct official proceedings focuses on his subjective belief about the election. That will be a high bar to prove. Trump has argued doggedly and consistently that the 2020 election was stolen or rigged. If he is given a fair chance to prepare his defense in discovery, this trial will shine light on our electoral system. Landmark believes that much of the American public will be shocked at how vulnerable that system is.
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