When people like Rudy Giuliani and John Eastman end up on trial for crimes like election fraud and seditious conspiracy, they’ll likely try to use the reasonable doubt argument that they honestly believed that they were fighting against a “rigged election” and that the actions they were taking were legally viable. One of the keys to getting a conviction will be proving that they knew what they were peddling was BS at the time.
To that end, it’s a big deal that the January 6th Committee has presented witness testimony today confirming that Giuliani and Eastman already knew their attempts at challenging the election were BS at the time they took those actions. Giuliani had admitted it privately to Trump White House lawyer Eric Herschmann, and Eastman had gone so far as to write it down in the notes of a document.
This is going to matter greatly when the DOJ makes its charging decisions against people like Giuliani and Eastman. They won’t be able to argue to a trial jury that they didn’t know what they were doing was fraudulent – which means they won’t be able to mount a trial defense at all.
Bill Palmer is the publisher of the political news outlet Palmer Report