Yes, it is. First, how can the State *prove* they knew what PDJT was _thinking_? They’re asserting they can. Second, even if you’ve some evidence to show that PDJT had admitted prior that he knew he lost, so what? A politician saying something they know not to be true is now a criminal act? He said on J6 to go “peacefully”. Do they really want to set a precedent that a politician can be held criminally liable for a lie if somebody else acts on that lie?
That would criminalize speech based on opinion. Politicians and media would be guilty left and right. This also gives PDJT the first real possibility of bringing fraud evidence into an actual trial.
One way or another, they’re going to regret this foolishness.
They have someone who was in the close inner circle who already testified to this at the J6 committee. I believe it was the chief counsel to Mark Meadows, the President’s chief of staff. Meadows himself may have now confirmed this, among others, as Meadows wasn’t named in the indictment as a co-conspirator.