Proving 'criminal intent' is not a significant burden in a case against Trump.
Last week brought significant legal challenges to former president Donald Trump. First on Monday, the FBI executed a search warrant at his home at Mar-a-Lago, seizing classified documents he had removed from the White House. Then on Wednesday, sitting for a deposition in a civil investigation conducted by New York State Attorney General Letitia James, Trump reportedly asserted his Fifth Amendment privilege to all 440 questions posed.
Yet every criminal case requires proof of criminal intent, and despite this burden, the federal government wins over 90 percent of the prosecutions it brings. While it is certainly true that prosecuting a former president brings an avalanche of unique factors into the picture, from the narrow perspective of courtroom reality, as a former federal prosecutor and white-collar criminal defense lawyer for more than four decades, I believe Trump would be an especially vulnerable defendant.
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