According to Glenn Kirschner, a former U.S. Army prosecutor, Donald Trump won’t be able to mount an insanity defense in his upcoming criminal trials.
In a recent YouTube video, Kirschner highlighted an increasingly popular question regarding Trump’s mental state in light of his courtroom battles.
“It’s a valid inquiry,” he noted. “We’ve all witnessed Trump freezing at rallies for awkward stretches, hinting at potential cognitive issues. His recent rants further amplify these concerns.” Kirschner pointed to a moment when Trump seemed distracted during a press conference, remarking, “That’s not the typical behavior of a president—or even an adult.”
The standard for an insanity defense was established by Congress in 1984. It requires defendants to demonstrate that, at the time of their offense, they were unable to understand the wrongfulness of their actions due to a serious mental illness.
In essence, this means acknowledging the act while denying accountability, with the burden of proof resting on the defendant to show they couldn’t distinguish right from wrong.
“A key sign that someone knows right from wrong is their efforts to evade consequences,” Kirschner explained. “Trump has been actively trying to dodge accountability every single day since his alleged crimes.” He added that while Trump might exhibit narcissistic or personality disorder traits, this doesn’t translate to a severe mental defect sufficient for legal insanity.
“As a former prosecutor, I can confidently say Trump will never successfully claim an insanity defense,” Kirschner concluded.
Trump currently faces two significant criminal cases. The first relates to the January 6th insurrection, where he is purportedly involved in efforts to undermine the 2020 election results, which he has dismissed as a political “witch hunt.”
The trial timeline has shifted; a March 4, 2024, start date has been postponed with no new date in sight.
The second case involves alleged election interference in Georgia, where Trump faces ten charges—including forgery and racketeering, which could entail hefty penalties. Like in the first case, he has pleaded not guilty, and the trial commencement remains undecided.