'I think you can do it!' Ex-FBI official fact-checks Marco Rubio on baseless Trump trial claim

U.S. Sen. Marco Rubio (R-FL) arrives for a Senate Republican meeting at the U.S. Capitol on February 08, 2024 in Washington, DC. (Photo by Kevin Dietsch/Getty Images)

US Senator Marco Rubio (R-FL) has long been an ally to Donald Trump.

The New York Times noted earlier this week that although the Florida GOP leader supports the ex-president, Rubio has refrained from joining Republican surrogates in their efforts to defend Trump outside of his Manhattan hush money trial.

"Instead, Mr. Rubio has taken a low-key approach in aiming to become the next Republican vice-presidential nominee," the Times reports, "a strategy with a clear logic: Mr. Trump is known to bristle when anyone gets too close to his limelight."

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However, Rubio has not refrained from expressing his outrage towards the trial, which is expected to conclude this week.

The Sunshine State lawmaker wrote via X (formerly Twitter) on Wednesday, "Judge in Trump case in NYC just told jury they don’t have to unanimously agree on which crime was committed as long as they all at least pick one. And that among the crimes the can pick from are ones Trump WASN’T EVEN CHARGED WITH!!! This is exactly the kind of sham trial used against political opponents of the regime in the old Soviet Union."

Manhattan District Attorney Alvin Bragg charged the former president on 34 felony counts for falsifying business documents to cover up hush money payments he made in order to benefit his 2016 presidential campaign.

Former FBI official and Just Security editor Asha Rangappa was quick to fact-check the Florida senator, by sharing an illustration that explains the case, titled: "Falsifying Business Documents in the First Degree."

READ MORE: Republicans prove their 'ultimate fealty' is to Trump, not the rule of law: columnist

"Marco, maybe this picture will help," Rangappa wrote. "Trump is charged with falsifying business records (the top part of the drawing). The jury must be unanimous to convict him of that crime. One of the *elements* the government has to prove, beyond a reasonable doubt, is that he falsified those records to commit or conceal another crime (the bottom part of the drawing). The jury does not have to be unanimous on which underlying crime he was intending to conceal, just that he had the intent. I know it’s a lot to follow, but I think you can do it!"

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