Irv Miller: Trump's claim of political prosecution is not a legal defense

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Irv Miller: Trump's claim of political prosecution is not a legal defense
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Former President Donald Trump​ pleaded not guilty Thursday to charges that he tried to overturn the 2020 election.

of pursuing several schemes to block the transfer of power to Joe Biden after Trump lost the 2020 election, culminating in the Jan. 6 attack on the Capitol. The indictment alleges Trump knew his claims of widespread voter fraud were false but"repeated and widely disseminated them anyway — to make his knowingly false claims appear legitimate, create an intense national atmosphere of mistrust and anger, and erode public faith in the administration of the election.

Miller said Thursday that the defense's strategy of deeming the prosecution political will not fly from a legal standpoint. "Well, that is what they're saying, but the problem is they're acts in furtherance of these conspiracies," he said."It's one thing to talk to somebody and just have a conversation. It's another thing to plan out election interference, or plan out getting fake electors. That's going beyond First Amendment speech. That's going toward fraud and a conspiracy.

"There's always paperwork that the defendant has to sign during the proceedings – typically, what are the conditions of his bond?" Miller said"And apparently from my perspective, there was something in there that he didn't like – and he had what I heard was a heated conversation with one of his lawyers. So there must have been some condition there that he didn't want to agree to.

"I wouldn't be surprised if the judges that were involved in this in the three separate places actually had a conference call – they can talk. You can't talk about substantive things. You can't have ex-party conversations," Miller said."But scheduling is one thing you can discuss with other judges, and lawyers, among themselves – and even defendants."

Trump's next hearing in the latest case is set for Aug. 28 – but he does not have to appear personally. The next several hearings will be status hearings – dealing with issues such as turning over documents, any disputes about the conditions of bond, and other such matters.

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