The Democrats can't make this argument because it would undermine the legal basis of the indictments regarding Trump's criminal intent, in that it would support the notion that Trump truly believed in his lawyers' legal arguments and was seeking a legal over-ruling of the election results.
But this is what really happened. If you Google, you will find quotes from Clarence Thomas' wife even bragging that this was the strategy and that they had filed a brief to the Supreme Court that was in possession of Justice Alito, who pocketed it after the riot failed.
The Democrats can't make this argument because it would undermine the legal basis of the indictments regarding Trump's criminal intent, in that it would support the notion that Trump truly believed in his lawyers' legal arguments and was seeking a legal over-ruling of the election results.
But this is what really happened. If you Google, you will find quotes from Clarence Thomas' wife even bragging that this was the strategy and that they had filed a brief to the Supreme Court that was in possession of Justice Alito, who pocketed it after the riot failed.