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Breaking Down Trump's Election Case Defense Strategies

Phillip Bantz
August 11, 2023

Lauro's assertion that Trump truly believed he won the election and was only asking — rather than ordering or threatening — Georgia Secretary of State Brad Raffensperger to "find" him enough votes to overturn the election should be a "question of fact" for a jury to decide, according to Marc Scholl of Lewis Baach Kaufmann Middlemiss PLLC.

"It is not automatically 'aspirational' just because an attorney now says it was," Scholl noted, referring to Lauro's public comments related to Trump's free speech defense.


Every expert who talked with Law360 flatly rejected the notion that the Supreme Court would get involved in the case now.

"There's no vehicle for Supreme Court intervention in a criminal case at this stage, nor should there be," Scholl of Lewis Baach Kaufmann Middlemiss said.

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