Former Attorney General Bill Barr said Wednesday he believes Donald Trump “knew well he lost the election” and suggested the indictment against the former president in connection with the special counsel’s January 6 investigation is fair.
“At first I wasn’t sure, but I have come to believe he knew well he had lost the election,” Barr said during an appearance on CNN.
On Thursday, Trump is slated to have his first court appearance in the case, which centers on his efforts to overturn the 2020 election and his actions leading up to the January 6 Capitol riot.
The former president has been charged with four counts: conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempting to obstruct an official proceeding, and conspiracy against rights.
The 45-page indictment alleges that Trump “pursued unlawful means of discounting legitimate votes and subverting the election results.”
Whether Trump truly believed the election was rigged is central to the prosecution’s case. In order to secure a conviction, Smith will have to demonstrate that Trump understood he had lost the election and was asking his co-conspirators to engage in criminal activity.
While Trump’s lawyers have said Trump’s false claims about the 2020 election are protected under the First Amendment, Barr dismissed that defense.
Bill Barr doesn't buy the defense that Trump was just exercising his First Amendment right about the 2020 election, predicts Trump wouldn't do well under cross-examination and says he believes the former president “knew well that he had lost." pic.twitter.com/BXgQRsTEP6
— Kaitlan Collins (@kaitlancollins) August 3, 2023
“As the indictment says, they are not attacking his First Amendment right. He can say whatever he wants, he can even lie. He can even tell people that the election was stolen when he knew better,” Barr said. “But that does not protect you from entering into a conspiracy.”
He also dismissed another potential Trump defense: that he was just following the advice of advisers.
“It would not come out very well for him” if Trump made that defense in court, Barr said. “I think he’d be subject to very skilled cross examination, and I doubt he remembers all the different versions of events he has given over the last few years.”
While Trump and other Republicans have suggested the indictment is politically motivated, Barr offered a defense of Smith and his work.
“He is the kind of prosecutor, in my view, that if he thinks someone has committed a crime, he, you know, hones in on it and really goes to try to make that case,” Barr said. “There’s no question he’s aggressive but I do not think he’s a partisan actor.”
He went on to suggest that more evidence is likely coming that will prove Trump knew the election was not stolen.
“We’re only seeing the tip of the iceberg on this,” the former attorney general said. “I think there is a lot more to come, and I think they have a lot more evidence as to President Trump’s state of mind.”
Barr has become a vocal critic of his former boss since he resigned from the Trump administration in December 2020, shortly after he noted the Justice Department had not found substantial evidence of widespread voter fraud.
Still, on Wednesday he would not rule out voting for Trump if he becomes the 2024 GOP nominee.
“I will have to wait to see what the situation is and I will pick my poison at that point,” he said.