Former Trump attorney general Bill Barr said he believes the former president "knew well that he had lost the election," saying we’ve only seen “a tip of the iceberg” in the Department of Justice’s investigation into Donald Trump. 

What You Need To Know

  • Former Attorney General Bill Barr, who served as attorney general during the Trump administration, said he believes former President Donald Trump "knew well that he had lost the election"

  • Barr noted the Department of Justice will have to prove that beyond a reasonable doubt – no easy task that leads him to believe we are “only seeing a tip of the iceberg on this" 

  • Barr also hit back on Trump's attorney's argument the former President was engaging in free speech and listening to the advice of a lawyer 
  • The former president was indicted Tuesday by a grand jury in Washington, D.C., as part of the Justice Department's probe into efforts to overturn the 2020 presidential election 

“At first I wasn't sure but I have come to believe that he knew well that he had lost the election,” Barr said in an interview with CNN on the eve of Trump’s scheduled arraignment following his third indictment this year. 

Barr noted the Department of Justice will have to prove that beyond a reasonable doubt, no easy task -- which leads him to believe we are “only seeing a tip of the iceberg on this.” 

“I think there's a lot more to come, and I think they have a lot more evidence as to President Trump's state of mind,” Barr said. 

The former president was indicted Tuesday by a grand jury in Washington, D.C., as part of the Justice Department's probe into efforts to overturn the 2020 presidential election. Barr also pushed back on the argument Trump was simply engaging in free speech when he said the election was stolen. 

“Free speech doesn't give you the right to engage in a fraudulent conspiracy,” the former attorney general said, adding he doesn’t think that is “a valid argument.” 

In the immediate aftermath of the third indictment, Trump’s attorney, John Lauro, declared the move an “attack on free speech and political advocacy” in an interview with CNN. He also argued Trump was simply listening to legal advice. 

“Mr. Trump had the advice of counsel, Mr. [John] Eastman, who was one of the most respected constitutional scholars in the United States, giving him advice and guidance,” Lauro said on Tuesday night. 

Eastman was the architect of a legal strategy aimed at keeping Trump in power. While he is not directly named, multiple outlets reported Eastman is believed to be "Co-Conspirator 2" referenced in the indictment. 

Barr hit back on that argument as well. 

“First, as to people who had some knowledge as to whether or not there was fraud, everyone was telling him that the election was not stolen by fraud.” 

Barr said Trump would not listen to any other attorneys in the White House or his campaign and searched for "a lawyer that would give him the advice he wanted.” 

“I'm not even sure you would characterize what Eastman said as advice,” Barr said.