Originally posted by Sparko
View Post
Intent isn’t something that can be positively proven unless Trump confesses under oath. If a witness was to testify that Trump directly said this was his intention, unless that witness was also a co conspirator, it would be considered hearsay.
So it has to be negatively proven by showing what it isn’t. This requires Trump/defense to state what his intent was so the prosecution can use evidence to question it. A situation like this would usually require both subjective and objective evaluation by the jury. Subjective since the jury has to put themselves in the presidents shoes to understand the actions taken and objective to determine how likely those actions, according to a reasonable person in a similar position, would likely result in achieving the stated intention.
Example, if trumps intention for the announcements/investigations was a genuine desire to help Ukraine stamp out corruption then the jury needs to decide whether the evidence is consistent with that intention.
It’s unreasonable to expect the prosecution to prove everything that it CANT be since they don’t even know everything that it CAN be so a situation like this puts the burden of proof on the defense.
This means trump has to prove that he didn’t do it for personal gain, all he has to do is show a legitimate cause behind the contested act.
I took the time to explain it to deal with the presumption of innocence comments from the last time I mentioned this.
Comment