It would only work if Trump “was doing something presidential, something within his job description” when he did what he is alleged to have done, said Wine-Banks.
But “it was his job as a candidate, and candidate is a different thing,” she added. Trump can’t claim he was “acting as president when he was trying to take down the election.”
“That is a question of fact that will have to be determined,” she said. “The jury will say, ‘Yes, he was trying to take it down.’ He’s saying, ‘No I wasn’t, I was trying to protect election integrity.’ There is no evidence that supports that and if he testifies that, he will be destroyed on cross-examination.”