“Subjectively Believes”

I just read an article that talked about the defense strategy that Trump’s team of lawyers would use if he were criminally charged.

Although the article itself is related to a suit being filed against CNN, the “defense” being offered is relevant to any charges that might be filed against Trump. In fact, it …

signals a strategy that is likely to be a central defense should he ever face criminal charges related to his role in attempts to cling to power despite losing his 2020 reelection bid.

What was particularly eye-catching were the words the legal team used in their email to CNN:

CNN’s portrayal of Trump was inaccurate because Trump “subjectively believes” there was election fraud in the 2020 presidential election. (My emphasis)

The article goes on to say that one of the strategies available to Trump’s lawyers would be …

to argue that he genuinely believed there was election fraud and didn’t have the intent to commit a criminal act.

“Subjectively Believes” … ???

Now think about those two words. Can you imagine situations in your own life when this combination of words might come in really handy?

*******************

Just as a refresher — from Dictionary.com:

20210702_subjectiveObjective_1000x700

Generally speaking, subjective is used to describe something that exists in the mind of a person or that pertains to viewpoints of an individual person.

Sometimes, subjective means about the same thing as personal. Everyone’s experience of an event is subjective, because each person’s circumstances and background are unique, leading to different interpretations.

Objective most commonly means not influenced by an individual’s personal viewpoint—unbiased (or at least attempting to be unbiased). It’s often used to describe things like observations, decisions, or reports that are based on an unbiased analysis.

Something that’s truly objective has nothing to do with a person’s own feelings or views—it just deals with facts. When someone says “Objectively speaking,” they’re indicating that they’re going to give an unbiased assessment—not one based on their personal preferences.

12 thoughts on ““Subjectively Believes”

  1. This is one hell of a strategy, but if a guy with a gun shoots his wife, but believes she will not die, he is still guilty of murder. Subjective belief stops at one’s skin. Once you get outside the skin objective reality takes over. If any judge takes such a strategy seriously, he or she will put an end to the whole idea of jurisprudence. It will open the door to every indicted person saying they did not believe what they were doing is a crime.
    However, if his lawyers use this strategy, that should open the lawyers to Trump’s favourite strategy, suing the people who gave him such advice. Obviously, if the lawyers put this strategy forward as a “subjectively winnable” strategy when objectively they know it is baseless, Trump can then sue them for improper representation (which he would probably win), but he could also use the strategy of his lawyers to get a mistrial in the criminal case.
    The question is, does Double Jeopardy apply in a case where the lawyers fail to provide a winnable strategy? If the first case gets thrown out, no matter the strategy, can the accused be tried a second time for the same offense? If Double Jeopardy does apply, can the lawyers be disbarred for purposely providing a bad strategy. Even so, if it works to get Trump off, that is all he cares about. His lawyers can go screw themselves.

    Might sound convoluted, but if I can see the long game, so can Trump’s advisors!

    Liked by 5 people

  2. I don’t really know what your system is but I thought the Supreme Court was loaded with Trump Republican appointees, therefore will he ever be found guilty of anything if they have anything to do with it? This is playing out on the world stage and this will be a test of the US Democratic system of government and law if judges are as blatantly biased as they have been such as the Kyle Rittenhouse case and other issues and let Trump off the hook.

    Liked by 3 people

  3. Oh just imagine the possibilities! “But officer, I subjectively believed the speed limit here was 95 mph.” “But I subjectively believed that money was mine.” “I subjectively believed that man I killed was planning to hurt me.” Disclaimer: Don’t try an of these things, for you and I are not Teflon-coated like the monkey at Mar-a-Lago is!

    Liked by 4 people

  4. Alas for Mr. Trump and his lawyers, “genuine belief” is not an admissible defense in a criminal case.The intent of the defendant doesn’t matter except possibly after a conviction and during the sentencing phase of the trial. But that being said it could be a viable defense in a libel or slander case.

    Liked by 2 people

  5. This is the defense Alex Jones is currently using as he is getting his ass sued off by the parents of school children who were slaughtered. (Jones insisted that the story was fake.) If he doesn’t lose I will count that as a strike against our survival as a country.

    Liked by 2 people

  6. I “subjectively believe” that I’m always right, that the Earth is flat, that vaccinating children at birth, 2-mons, 4- and 6- and 9- and 12- then 15-mons is nonsense & overkill, and that Sasquatch is the one and only TRUE God and Savior on this planet! Let my people say “$$AMEN$$”!!!

    These “subjective beliefs” of mine cannot be disproved (to me) or changed just to suit other people. Others must abide by MY OWN BELIEFS, PERIOD! —signed Donnie J. Rump

    Yeah, I don’t see what could possibly go wrong with this impregnable, infallible defense. 🤦‍♂️

    Liked by 1 person

  7. Subjective belief is THE ethos of the age. I believe Covid is a conspiracy so I refuse all vaccines. A 37 year old man BELEVES he is a woman and should compete as an Olympic power lifter. Donald Trump, a born with a gold spoon multiple fraudster real estate slumlord BELIEVES he is the ultimate biznessmuhn and his fans BELIEVE he represents them.

    Liked by 1 person

  8. Considering the large and growing testimonies that the January 6th Committee is getting … from Trump supporters …, it will be difficult to prove that Trump’s lawyers can convince anyone to accept “subjective belief” on his part without also finding him mentally incompetent. Either way, he ends up institutionalized.

    I have faith in the A.G. (or D.A.) in Georgia. Georgia’s RICO laws are easier to convict than the Federal equivalent. If she indicts and gains a conviction, the best Trump can do is tie things up in court for the rest of his useless life. He’s been showing signs of the Alzheimer’s that got his father catching up on him since before he came down the escalator in 2015.

    Liked by 1 person

    • I wonder …

      If the Alzheimer’s becomes really obvious, like in his rallies, will “his” people even recognize it? And will it make a difference?

      Like

Don't Be Shy -- Tell Us What You Think!

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.