election fraud

Despite rebukes, Trump’s legal brigade is thriving

Haller’s trajectory — from rebuked purveyor of baseless claims to a go-to attorney for MAGA extremists — infuriates many liberal activists, including some groups who are targeting the lawyers for discipline, and alarms some nonpartisan specialists in legal ethics. They say those who helped legitimize the former president’s lies should not be allowed to use it as a foundation to build their legal practices, lest it serve as an incentive to profit from ever more outlandish claims that shake the confidence of Americans in the integrity of U.S. elections and endanger democracy.

In total, at least 16 lawyers who represented plaintiffs in five federal lawsuits promoting Trump’s baseless election fraud claims in the key battlegrounds of Michigan, Georgia, Wisconsin and Arizona remain in good standing or have no record of disciplinary action with their respective bar associations or licensing authorities, according to a POLITICO review.

Fourteen of them have since engaged in additional work in support of the election fraud conspiracies or conspiracists behind Trump’s attempt to remain in power despite losing the election to President Joe Biden. These include defending accused Jan. 6 rioters, consulting for partisan election “audits” or partaking in advocacy or legal cases sowing doubts about

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Opinion | ‘Detached From Reality’ Is Trump’s Best Defense at This Point

One potential charge that is getting a lot of attention on social media is conspiracy to defraud the United States, which would require the Department of Justice to prove beyond a reasonable doubt that Trump agreed with others to obstruct a lawful function of the government by deceitful or dishonest means. I’ve charged that statute before when I was a federal prosecutor in the context of a dishonest tax avoidance scheme.

At the core of any fraud prosecution is proving the defendant’s dishonesty and intent to defraud beyond a reasonable doubt. That’s why Trump’s state of mind — in particular, proof regarding whether he believed what he was peddling — is so important. And why his rather complicated state of mind presents serious problems for prosecutors.

Some have suggested that prosecutors can sidestep this problem by relying on a willful or deliberate ignorance theory. In certain circumstances, the law recognizes that a defendant’s deliberate attempts to avoid knowledge of an incriminating fact demonstrates their knowledge of that fact. For example, if someone approaches you a few miles from the U.S. border and offers you $5,000 to drive a U-Haul across the border, your deliberate refusal to look at what’s

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