More importantly, the indictment does not say that Trump was acting based on information that the election was fraudulent. The indictment alleges that Trump knew he had lost but still insisted that fraudulent ballots had been cast and that electronic voting machines were switching votes to Democratic.
“These claims were false, and the Defendant knew that they were false,” the indictment said. “In fact, the Defendant was notified repeatedly that his claims were untrue—often by the people on whom he relied for candid advice on important matters, and who were best positioned to know the facts—and he deliberately disregarded the truth.”
People including then–Vice President Mike Pence and senior Justice Department officials, whom Trump had appointed, repeatedly told him there was no evidence of fraud, according to the indictment. So did the director of national intelligence, the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency, senior White House attorneys, and state-level allies.