Evidence Issues in a Hypothetical Prosecution:

The Trial of Donald Trump

Date: Tuesday, March 23, 2021

Time: 3:00 PM EDT

The post-election actions of President Donald Trump raise the possibility that he will be the subject of criminal prosecution. Specifically, news reports suggest prosecutors in Georgia are investigating President Trump’s conduct in connection with his phone call to state election officials. Other reports indicate prosecutors in the District of Columbia are considering his involvement in the attack on the Capitol. In this webinar we will discuss the evidence law issues that are likely to arise in a prosecution.

Opening Statement. We will begin with a brief review of the relevant facts and the crimes that may have been committed. Proof of intent will emerge as the key issue in any prosecution.

Presentation of the Evidence. Among the admissibility issues we may discuss are:

President Trump claimed fraud even before the election. After the election these claims increased in intensity. Dozens of related lawsuits were all dismissed, mostly on the grounds there was no supporting evidence of fraud. Is this pattern of conduct admissible to prove criminal intent in a Georgia or D.C. prosecution? Is it admissible to show lack of intent?
Are President Trump’s statements in his phone call with Georgia election officials admissible to show criminal intent?
Are President Trump’s statements at the rally in DC that preceded the attack on the Capitol admissible to prove criminal intent?
Are President Trump’s conduct and demeanor while the attack was taking place admissible to prove criminal intent?
In a prosecution arising out of the attack on the Capitol, is evidence of the Georgia phone call admissible under Rule 404?
In a prosecution arising out of the Georgia phone call, is evidence of President Trump’s conduct on the day of the Capitol attack admissible under Rule 404?
What constitutional issues are raised by admitting any of the evidence described above?

Closing Argument. The events in question present us with a valuable teaching opportunity. Time permitting, we will discuss the possibilities.

Watch the replay!

Featured Speakers

Victor Gold,

William H. Hannon Professor and Dean Emeritus

Loyola Law School, Los Angeles

Gary C. Williams,

Professor of Law and the Johnnie L. Cochran, Jr. Chair in Civil Rights

Loyola Law School, Los Angeles

Kevin Lapp,

Professor of Law

Loyola Law School, Los Angeles