Hopefully a couple more:
“What if T***p dies in prison in Georgia?” (Update: he has died in prison in Georgia)
“What if nobody claims his body?” (not updated)
Lawyers for one of those defendants, Harrison Floyd, appeared in court Friday morning to argue that their client is entitled to thousands of pages of election records from Fulton County and the Georgia secretary of state.
Floyd’s lawyers argued, they must be allowed access to some of the same material for which election conspiracy theorists have been clamoring for years: cast-vote records from voting machines, ballot reports, every envelope received with absentee ballots, every absentee ballot application and much more.
He said examining the election records is necessary to either prove that Floyd is innocent, because the election was indeed stolen — or to prove the election was not stolen and Floyd is innocent under a “mistake of fact” defense.
I hope the judge declines to let this go any farther.
You don’t get to make up a bat shit crazy theory, and then demand evidence to see if your theory was correct or not.
That’s like alleging that somebody is a child molester, then demanding access to all of their private correspondence to see if they’ve written a confession.
If one of these people wishes to advance a defense that they had a good faith basis to believe the elections were stolen, then it’s incumbent upon them to present whatever evidence they have to demonstrate why they had that good faith basis.
As a reductio ad absurdum, I cannot claim without any evidence whatsoever that I murdered somebody only because my mind was controlled by a secret DARPA project, and demand access to all Defense Department documentation that I deem necessary to prove this.
I think this argument should be dismissed on a similar basis - that there is not a jot of evidence to support the claim that the election was stolen despite massive MAGA resources dedicated to proving it and dozens of court cases.
ETA: pretty much ninjaed by @Moriarty , but I think their response frames it more correctly. What matters is whether the defendant had evidence to support their beliefs when they committed the alleged crime.
A Trump supporter indicted last week in Fulton County, Ga., for allegedly harassing an election worker was charged earlier this year with attacking an FBI agent working on the Justice Department’s parallel investigation of efforts to overturn the 2020 election results.
Joe Biden could have led a platoon of stormtroopers to polling places and personally torn up every Trump ballot before they could be tallied, and it would have absolutely no bearing on whether or not Harrison Floyd violated the law by harassing an election worker and assaulting an FBI agent.
They were desperately hoping that nobody would notice that bit.
ETA: to paraphrase an analogy that’s been getting around:
Even if you believe the bank owes you money … even if your belief is sincere … even if you’re actually right – the bank does owe you money … you may not commit a crime to get that money back.
This isn’t about “free speech.” It isn’t about what the Defendants “thought” or “believed.” It s about what they did.
Some have consumed so much high-test propaganda for so long they are functionally, if not diagnostically, insane. Once understanding cause vs effect and reality vs fantasy slips away from somebody, what happens next is functionally indistinguishable from true mental illness.
And, sadly, is probably almost equally untreatable once the propaganda drug is withdrawn. As if we had a way to induce that withdrawal. Which we do not and probably cannot have.
I don’t think it has anything to do with actually using this a a legal defense. It’s a means to tie things up, slow things down, confuse the rubes, and to have something to point to while whining that they aren’t being treated fairly. “Whaaa! They refused to deliver to me every single ballot and the names, addresses, and social security numbers of the people who supposedly cast those ballots. They aren’t letting me defend myself! I don’t care if it will take months and millions of dollars and thousands of man hours and will completely disregard election integrity and security! It’s my right! What are they trying to hide, huh?”
McAfee at times appeared skeptical of the arguments made by Floyd’s attorney, at one point telling him “the amount of personal information” that might be contained in the material was a “big red flag” for him.
Jackson Sharman, an attorney for Raffensperger’s office, said it could take five to six months to produce the material. Chad Alexis, a lawyer for the Fulton County clerk, said it could take even longer given that the request for information from Fulton was even broader.