Here’s a novel thought for Axlegrease: If it takes a novel legal theory to show a crime, would a reasonable person ever know they were committing the crime (mens rea)?
More fundamentally, since the prosecutor invented the terms of the crime, he usurped the legislative function and violated due process and the separation of powers. And since the crime was made up for Trump after the conduct that is the basis for the criminal charges, those charges violated the ex poste facto prohibition in the federal Constitution.