Willful blindness

Seeking pre-emptive pardons may turn out to be a mistake.

The House select committee investigating the Capitol attack revealed at its inaugural hearing that Donald Trump’s top Republican allies in Congress sought pardons after the January 6 insurrection, a major disclosure that bolstered the claim that the event amounted to a coup and is likely to cause serious scrutiny for those implicated.

Why? Because “Pardons for what, Senator?”

The news that multiple House Republicans asked the Trump White House for pardons – an apparent consciousness of guilt – was one of three revelations portending potentially perilous legal and political moments to come for Trump and his allies.

Note to journalists: don’t ever write a sentence with “portending potentially perilous” in it. Come on now.

“It’s hard to find a more explicit statement of consciousness of guilt than looking for a pardon for actions you’ve just taken, assisting in a plan to overthrow the results of a presidential election,” Jamie Raskin, a member of the select committee, told reporters.

Also, Trump can’t claim not to have known.

The disclosure about the pardons came during the opening hour of the hearing where the panel made the case that Trump could not credibly believe he had won the 2020 election after some of his most senior advisors told him repeatedly that he had lost to Joe Biden.

As a matter of law he can’t. As a matter of personal psychology, I don’t know – he’s so stupid and so self-focused and so hardened that maybe there is a sense in which he didn’t “know” it. He could know he’d been told that but also be very sure in his own calcified brain that everyone who isn’t Donald Trump is wrong about everything until proven otherwise (by him). But legally speaking that shouldn’t count.

At the heart of the case the panel appears to be trying to make is the legal doctrine of “willful blindness”, as former US attorney Joyce Vance wrote for MSNBC, which says a defendant cannot say they weren’t aware of something if they were credibly notified of the truth.

Even if they’re Trump. Even if they’re the most narcissistic human being ever to stomp on the earth.

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