Author Michael Wolff believes the prosecution in all three of the XPOTUS's trials has to climb a steep epistemological hill to secure any convictions:
It is precisely this behavior, unconcerned with guardrails or rules, unmindful of cause and effect, all according to his momentary whim — an overwhelming, almost anarchic instinct to try to invert reality — that prosecutors and much of the political establishment seem to most want to hold him accountable for. The chaos he creates is his crime; there is, however, no statute against upsetting the dependable order. Breaking the rules — often seemingly to no further purpose than just to break the rules as if he were a supreme nihilist or simply an obstreperous child — is not much of a grand criminal enterprise, even though for many, it’s infuriating coming from someone charged with upholding the rules.
His prosecutors will try to use his words against him: among them, his exhortations that arguably prompted the Jan. 6 attack on the Capitol, his admission — on tape! — that he still had classified documents, his various, half-baked plots about how to game the Electoral College system, his relentless and unremitting insistence that he won his lost election and his comments to his bag man, Michael Cohen, before he paid off Stormy Daniels.
There’s an asymmetric battle here, between the government’s precise and thorough prosecutors and Mr. Trump’s head-smacking gang of woeful lawyers. The absolute ludicrousness and disarray of the legal team defending Mr. Trump after his second impeachment ought to go down in trial history. Similarly, a few months ago, a friend of mine was having a discussion with Mr. Trump about his current legal situation. A philosophical Mr. Trump said that while he probably didn’t have the best legal team, he was certain he had the best looking, displaying pictures of the comely women with law degrees he had hired to help with his cases.
As someone who has studied law, I believe the prosecutors only need to show that the XPOTUS intended the harms he caused, even if he didn't understand them. Regardless, it's clear that he's batshit crazy, and must never hold public office again.