Criminal law 101
Q. If the statute says the crime must be done “knowingly and willfully” is Trump “immunized” from conviction if he says “I didn’t know it was illegal?”
[That’s what you want to know, right, Gregg?]
Short answer: No
Let’s back up. All crimes have two components: Actus rea (a bad act) and mens rea (a criminal intent).
When a statute says “willfully and knowingly” the standard is that the defendant has to know “with practical certainty” that the conduct will violate a criminal statute. ca3.uscourts.gov/sites/ca3/file…
Reason #1: Mental state can be (and usually is) proven with circumstantial evidence (as opposed to direct evidence).
There's plenty of circumstantial evidence Trump knew it was illegal.
law.cornell.edu/wex/direct_evi…
Often direct evidence isn't available.
That's why circumstantial evidence is also used to prove crimes.
Circumstantial evidence implies the person committed a crime.
(To be thorough here: There's a small category of crimes called strict liability that don't require criminal intent.)
Just telling so many lies is evidence of criminal mind.
We also know that Cohen was previously the subject of an FEC complaint for making unlawful contributions to TRUMP’s campaign . . .
(This might even be direct evidence🤔, the distinction is fuzzy)
Also Cohen admitted that he acted knowingly and willfully, and we haven't heard all of what Cohen has to say about this.
Currently prosecutors are looking at the Trump Org tax and business records, Trump Foundation records, inaugural committee funds. . .
Is he going to say he didn't even know there was a criminal code?
The campaign finance felonies are serious are enough to bring a president down. But there's MUCH more.
I think Trump & Giuliani are trying to get the spotlight away from Butina by throwing up silly defenses about the campaign finance violation.
I wrote about the Maria Butina plea agreement yesterday. Did you miss it? Here is the link:
I think we can rest our case, right counselors?