re: Alan Dershowitz Says Jack Smith May Be Indicted If Trump Wins Case

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Wouldn't the DOJ's jock strap lawyer have to prove Trump didn't believe he lost the election in order to prove a crime?

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That's a little unclear, because the law is so vague.

For something like his phone call to the Georgia SOS, it probably wasn't fraudulent if Trump truly believed his facts were correct (even though he had already been told they were not correct). If he honestly thought there was a legal way to reverse the GA results, then that phone call may not have been fraud.

But the scheme to submit votes from fake electors and have Pence throw out the legit votes is fraudulent even if Trump believed he won. You can't accomplish something illegally just because you believe you were cheated.

Say you thought you had $10,000 in the bank, but the bank says you only have $2,000. You're mortgage is due and you are about to be in serious trouble. You can't just go rob the bank and try to justify it due to the bank's error. You need to recover your money (plus any damages) through legal means.