Another Trump indictment, the biggest one

B. Jay Cooper
4 min readAug 2, 2023

No prosecutor worth his salt would indict a former President of the United States without believing/knowing he could win the case in court,

And Special Prosecutor Jack Smith is salt and pepper.

Put yourself in his place: You are instructed by the Attorney General to investigate the January 6 insurrection and to follow the law wherever it leads. Thus, Smith begins his indictment with the simple statement:

“The defendant Donald J. Trump was the 45th President of the United States and a candidate for reelection in 2020. The defendant lost the 2020 presidential election.”

Simple statement. Written so anyone reading it would understand. He then goes and lays out about 45 pages of the facts and accusations against, at the moment, the sole defendant in the case, Donald J. Trump.

If you ever read an indictment, read this one. It is the most important indictment in U.S. history. Here’s a link: https://www.scribd.com/document/662462402/Trump-Indictment

In talking to a lawyer, I learned a key question in a trial will be what Trump’s state of mind was at the time(s) he was (and still is) lying about the outcome of the 2020 election. No one, I was told, can testify to his state of mind except the defendant himself. But, there is testimony about things Trump said that likely will be let into evidence.

To me, the most telling was when Trump was reading a classified document to a few people in his office, post-his presidency. He told the gathering it was classified so they shouldn’t mention it to anyone. He also said at the meeting — for which there is an audio tape — “As president, I could have declassified, but now I can’t.”

That may be a key bit of evidence in the trial. He knew he was no longer president and still was denying his loss.

According to the indictment, there was a Jan. 1, 2021, meeting between Trump and Pence. Trump still was trying to convince Pence to send the votes back to the states when he was chairing the session for the Senate to count the electoral votes. Pence said he did not have the authority to do that. Trump responded, “you’re too honest.” Implying he, Trump, was not.

Seems not a bad piece of evidence either.

Also, as you read the indictment, pay attention to who is being cited as sources for the facts — all are or were…

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B. Jay Cooper

Former deputy White House press secretary (Reagan and Bush 41) and former head of communications at Republican Natl Committee. My blog: bjaycooper.com.