Donald Trump Just Incriminated Himself on Truth Social: Legal Analyst – Newsweek

Legal analyst and former federal prosecutor Glenn Kirschner said Thursday that former President Donald Trump just incriminated himself in a Truth Social post about his federal election interference case.

Trump was indicted by the Department of Justice (DOJ) in August on four federal felony counts, including conspiracy to defraud the United States, for his actions surrounding the U.S. Capitol riot on January 6, 2021. On that fateful day, a mob of Trump supporters stormed the U.S. Capitol building in Washington D.C. to stop the certification of Joe Biden's 2020 election win. The riot erupted after Trump repeatedly said, without any evidence, that the election was stolen from him via widespread voter fraud. The former president has denied taking part in an insurrection and pleaded not guilty to all charges in the case.

Trump, the frontrunner in the 2024 GOP presidential primary, has claimed that the case is politically motivated. Meanwhile, the former president and his legal team have also argued that he should receive presidential immunity in his federal election case since he was still in office when the riot ensued. However, critics say he was not acting in his official capacity at the time.

Kirschner, a former assistant U.S. attorney and frequent critic of the former president, said in a YouTube video posted Thursday night that Trump incriminated himself with a recent post he made on Truth Social, the former president's social media platform.

Trump wrote in a post on Thursday, "A president of the United States must have full immunity, without which it would be impossible for him/her to properly function. Any mistake, even if well intended, would be met with almost certain indictment by the opposing party at term end. Even events that 'cross the line' must fall under total immunity, or it will be years of trauma trying to determine good from bad..."

Kirschner weighed in on why he thinks Trump's post could be used in DOJ special counsel Jack Smith's federal election interference case against Trump.

"That's what I'd refer to as a tacit admission or an implied admission, but you really don't have to read between the lines. This is Donald Trump demanding immunity for himself since when is he ever concerned about what happens to others, other presidents for example. He wants immunity for himself, even when events cross the line," Kirschner said.

In his video, he then interpreted Trump's post as the former president saying, "I'm entitled to total immunity. I'm entitled to be permitted to commit these crimes. These crimes must be tolerated. These crimes must be excused."

The NBC News and MSNBC legal analyst believes that Smith and his team are keeping close tabs on the former president.

"It doesn't look like Donald Trump is going to stop providing confessions, admissions, incriminating statements to Jack Smith anytime soon. And trust me friends, Jack Smith's team of federal prosecutors is cataloging every word, every sentence, every post because Donald Trump can't help himself," Kirschner said.

Kirschner told Newsweek via text message on Friday, "Trump also believes (IMO) [in my opinion] that when he openly admits his wrong-doing, it causes people to question his criminal intent (which is a necessary element of proof, together with proof of a criminal act). 'If he's openly admitting it, he must not think it's criminal. He must not think he's doing anything wrong.'"

He continued: "Please! In reality, his admissions simply make it easier to prove guilt beyond a reasonable doubt, including Trump's criminal intent."

Kirschner also pointed a finger at the United States government for hesitating to hold Trump accountable.

"Trump is right to believe that he can not only commit crimes but can also admit to crimes, and the institutions of government will STILL hesitate to hold him accountable. Hell, it's worked for him thus far, hasn't it? Our law enforcement agencies and institutions do a lousy job of holding accountable the ruling class criminals - people of wealth, power, influence, connections," he told Newsweek.

Meanwhile, a spokesperson for Trump's campaign told Newsweek via email on Friday, "Glenn is a notorious trafficker of wild conspiracy theories and dubious legal analysis. I would expect nothing more from a clout-chasing MSNBC contributor who has been shunned by the legal community at large."

Judge Tanya Chutkan, who is presiding over Trump's federal election interference case, has already ruled against Trump's immunity claim. But the former president has challenged her decision and the immunity claim is now with a federal appellate court.

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

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Donald Trump Just Incriminated Himself on Truth Social: Legal Analyst - Newsweek