“Most or all the crimes that Eastman and other Trump advisors could be charged with would require proving a guilty state of mind,” says Stanford Law School Professor David Sklansky. “This might require showing, beyond a reasonable doubt, that they knew that Biden’s electoral victory was legitimate and not the result of voter fraud — or at least that they knew they were obstructing a legitimate government proceeding.” And it can be difficult to make that kind of case against Trump, “who may have convinced himself of whatever it was convenient for him to believe.”