Professor Burt Neuborne’s argument, that former president Donald Trump cannot escape criminal liability even if he somehow believes he won the 2020 election when the established facts conclusively prove otherwise, is legally sound. However, Prof. Neuborne overlooks an even stronger basis for holding Mr.Trump accountable notwithstanding his delusional belief. A person who believes, even rationally, that he has been wronged cannot take criminal measures as a remedy. So, someone who honestly believes that his bank owes him money cannot with impunity withdraw money at gunpoint to make himself whole. Trump’s attempt to use fake electors and to coerce Vice President Pence to violate the Constitution were criminal acts which are legally punishable.
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