The legal team for ex-President Donald Trump has developed a strategy to argue during his upcoming criminal trial that his skepticism of the 2020 election results was justified. They are taking his ongoing political attack on his loss of the presidency into the courtroom, alleging a large-scale government conspiracy against him. The defense team is seeking information from previous government investigations related to the election results and the recent classified documents inquiry into former Vice President Mike Pence, believing that these records could prove to be exculpatory in Trump's defense.
Numerous inquiries have failed to uncover significant voter fraud in the 2020 election. This information was provided in a recent court filing on Monday night in response to requests by the Trump legal team as they prepare for his federal trial for allegedly obstructing the transfer of power at the end of his presidency.
President Trump's legal team wrote that he is entitled to all information supporting his position that his concerns about fraud during the 2020 election were plausible and maintained in good faith, rather than knowingly false or criminal. The indictment, they argue, endorses the alleged views of Senior White House Attorneys, senior leaders of the Justice Department, the Intelligence Community, and the Department of Homeland Security's Cybersecurity and Infrastructure Security Agency, in an effort to support the Biden Administration's preferred political advocacy regarding the 2020 election. It remains to be seen if Trump will be able to make these arguments before a jury, as a judge will need to decide if his legal team can access the records he is seeking. The trial is scheduled to begin in March.
Argues Pence could have been coerced
The Trump administration's inquiry into the Pence investigation suggests that Pence may have cooperated with special counsel investigators in an attempt to protect himself, while a separate investigation examined the handling of classified records.
Earlier this year, the investigation into classified records pertaining to Pence was initiated after his team discovered marked documents at his home during the criminal inquiry into Trump's mishandling of such records. The investigation concluded in June with no criminal charges being filed.
In the spring, Pence provided testimony to a federal grand jury as part of the 2020 election investigation.
According to Trump's lawyers, Vice President Pence's potential criminal charges encouraged him to gain favor with authorities by providing information that aligns with the Biden Administration's preferred, but false, narrative about the case. Pence's spokesperson declined to comment on Tuesday.
Pence's aides testified that he gave confidential testimony in the Trump 2020 election case, under oath before a federal grand jury. A judge has ordered him to answer questions under subpoena.
Trump's team is also seeking records related to investigations into Russia and other foreign nations' attempts to influence presidential elections. This is a political reality that Trump had tried to distance himself and his campaign from after his 2016 presidential win.
In court filings, Trump's lawyers argued that evidence of secret foreign disinformation campaigns related to the 2020 election supports their defense that President Trump and others acted in good faith, even if some reports were later found to be inaccurate.