Winstonm, on 2023-August-02, 12:41, said:
I thought I'd post this as helpful knowledge as so many TV pundits are yelling about Trump "believing" he had won. As it turns out, that is irrelevant. He has been charged with 18 USC 1512 ( c ) (2), obstruction, so it doesn't matter if he believed it or not as the actions taken following that belief were unlawful. There are legitimate and lawful methods for challenging an election. Trump chose to use unlawful means; therefore, what he thought doesn't matter.
18 USC 1512 (c ) (2) reads "Whoever corruptly...obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both."
I would assume that the plausible deniability argument here is that a President acting upon the genuine belief that an election was the subject of massive voter fraud was not acting corruptly. It may be a weak argument but it is premature to say that it does not matter at all.