• Rivalarrival@lemmy.today
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    4 months ago

    Take conspiracy for example. The elements of conspiracy are:

    1. Two or more people agreed to commit a crime

    2. All conspirators had the specific intent to commit the crime

    3. At least one of the conspirators committed an overt act

    Trump conspires with false electors to rig the election. Trump’s is immune to charges stemming from his conversation with Pence, but he is not immune to charges of conspiring with false electors. His communication with Pence cannot be considered evidence of intent (#2), But it can be the overt act (#3) of the conspiracy.

    • treefrog@lemm.ee
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      4 months ago

      The courts can’t even raise issue 2. That’s what you’re missing. Courts aren’t allowed to question the President’s intent.

      How can you prove conspiracy if you can’t prove that all conspirators intended to commit a crime?

      • Rivalarrival@lemmy.today
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        4 months ago

        They absolutely can question intent. They just can’t use an “official act” as evidence of intent. They can use all the “unofficial acts” they want to demonstrate intent. And, once they decide that the bribe was an unofficial act, the door is opened to use it for intent as well.