Donald Trump’s lawyers are preemptively preparing a legal defense against criminal charges from the Justice Department, as the former president’s lawyers are increasingly anxious that their client will be prosecuted for his role in the attempt to overturn the 2020 election.
Members of the ex-president’s legal team have already begun brainstorming strategy and potential defenses, according to three people familiar with the matter and written communications reviewed by Rolling Stone. Trump himself has been briefed on potential legal defenses on at least two occasions this summer, two of the sources say.
That effort intensified after former Trump White House aide Cassidy Hutchinson’s June testimony before the House committee investigating Jan. 6.
“Members of the Trump legal team are quietly preparing, in the event charges are brought,” says one person familiar with the situation. “It would be career malpractice not to. Do the [former] president’s attorneys believe everything Cassidy said? No. … Do they think the Department of Justice would be wise to charge him? No. But we’ve gotten to a point where if you don’t think criminal charges are at least somewhat likely, you are not serving the [former] president’s best interests.”