Juries are instructed to take into account a defendant's 'consciousness of guilt.' This is the clearest evidence yet against Trump.
before the log-gap, and it strains credulity to believe he did not talk with them again during the many hours when calls were not recorded. Any prosecutor would subpoena the phone company records listing those individuals’ calls that day and the numbers to and from which those calls were made.Now let’s look at the law.
: “If you believe that [the defendant sought to conceal evidence] then you may consider this conduct, along with all the other evidence, in deciding whether … [he/she] thought [he/she] was guilty of the crime charged and was trying to avoid punishment.”Using alternate means of communication over five or six hours, including others’ phones or potentially, “burner phones,” to avoid calls being logged would justify such an instruction.
Importantly, such a subterfuge would also circumvent a legal obligation, adding to the evidence of corrupt intent. Under the, the president has a duty “take all such steps as may be necessary to assure that the activities, deliberations, decisions, and policies that reflect the performance of the President’s … official or ceremonial duties are adequately documented.” On Jan. 6, Trump did not.
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