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The media are getting a bit hung up on this. Trump's state of mind is entirely irrelevant. His actions are not.
They're not being prosecuted for stating that they believe fraud happened (or was happening). They're perfectly entitled to say that whether they truly believe it or not. What they're not entitled to do is bypass the courts, threaten officials, fraudulently access voting machines, fraudulently put forward fake electors, and so on. Stone is planning some of the illegal actions taken after the election here. This video is one of many pieces of evidence of an active conspiracy to subvert the election.
Ah ok. Thank you. I think I was getting stuck on the timing, which did not seem particularly relevant.
I think intent is important, and if you can prove that they knew it was not stolen it is gonna be devastating for their case because it shutdown the whole premise of the defense. It would be a critical failure of defense.
It really isn't relevant. They're not being prosecuted for saying untrue things, or things they believed to be false at the time. They're being prosecuted for conspiracy to overturn the election.
Intent is very important. The lying part makes it a conspiracy and very illegal, and you can open the indictment yourself to verify. There is a whole section about it on page 6 of the Columbia indictment.