Trump would be “destroyed on cross-examination” if he used that argument, the prosecutor in the Watergate scandal that toppled President Richard Nixon said on MSNBC’s “The Beat.”
It would only work if Trump “did something presidential, something that fit his job description” when he did what he would have done, Wine-Banks said.
But “that was his job as a candidate, and being a candidate is something else,” she added. Trump cannot claim that he was “acting as president when he tried to defeat the election.”
“It’s a question of fact that will have to be determined,” she said. “The jury will say, ‘Yes, he was trying to take it apart.’ He says, “No, I didn’t, I was trying to protect the integrity of the election.” » There is no evidence to support this and if he testifies it will be destroyed under cross-examination.