Trump's Defense is Really an Insanity Defense

Trump's stated defense will require the Jury find that:

Because the Defendant was mentally incapable of understanding and accepting that Joseph Biden, Jr. won the 2020 Unjted States presidential election, the State's burden of proving consciousness of guilt cannot be met beyond a reasonable doubt.

Without directly saying so, Trump's stated legal defense asserts that he was insane from November 1, 2020 to Jan. 6, 2021. He was insane within the legal meaning of a person who cannot see or understand a set of facts in the way that a reasonable, rational person would see and understand the same facts.

 That this strategy is itself insane misses the BIG point, which is:

Trump's only viable legal strategy is to avoid any trial by any Jury ever. Speculation about what Trump's lawyers will 'say' to a future Jury is meaningless. Once a jury is seated -- it's over.

This is why before a sycophantic interviewer, John Lauro et al. freely mix and conflate contradictory threads:

1. The 2020 election was stolen (Trump was correct on the facts).

2. The 2020 election wasn't stolen (Trump was wrong on the facts). However, Trump was so emotionally committed to the notion of a stolen election that he was not conscious that what he was doing was wrong. 

3. The character of  the 2020 election is irrelevant because everything Trump did and said is absolutely protected by the First Amendment as political speech.

What makes this case so maddening to analyze is that you keep forgetting that there IS no strategy for what to present to a Jury. The only possible survival strategy for Trump is to do anything and everything to kick the proceeding as far out as possible -- at each procedural moment. 

But you can't simply announce to the World that this is your actual legal strategy. You can't file a procedural motion which plainly states its only salutory purpose is to delay and complicate the proceeding as much as possible. There has to be a pretext, a fig leaf, some perfunctory daubing of lipstick on the pig. Enter John Lauro. Lather, rinse, repeat.

The end.