gbasden wrote: Tue Jan 05, 2021 2:42 am
Blackhawk wrote: Mon Jan 04, 2021 9:37 pm
They're innocent (as in not convictable) unless you can prove that they couldn't have a reasonable belief that [blank] was true. If they had an unreasonable belief, they're either really stupid, they're guilty and lying, or they're insane.
I don't have to prove that I knew that robbing a bank was wrong. Doing it will get me arrested even if I have unshakeable faith that the money in the vault was mine.
In some crimes, the attempt includes assumption of intent. For instance, in some places, it's only burglary if you broke in intending to commit a felony. Yet it is assumed that if you broke in, you had the intention of committing a felony. Likewise, in some places burglary tools aren't illegal in and of themselves, yet the fact that you possess them without a legitimate reason (say, you're a locksmith) is considered to 'prove' that you intend to use them.
As for the election official, all the wording he used was vague. We both see it as a threat, we both know it was a threat, but it wasn't an overt threat. It was carefully implied, but not spoken overtly. It isn't a question of whether what he did was illegal or not, it is a question of whether it could ever be proven conclusively in court, and Trump's lawyers could, fairly easily, show that there could be another interpretation of what was said, especially coming from a man who has a
very well-documented record of choosing the wrong words, saying 'apples' when he meant 'oranges.' They aren't going to drag him into court when he has an easy out.
What doesn't kill me makes me stranger.