Rudy Giuliani is probably going to go to jail and he knows it. It’s perfectly fitting that President Trump has put him in charge of the post-election litigation efforts. Neither of them have any prospect of avoiding prosecution, so spoiling the jury pools is their real mission. They’re not interested in following some long shot legal strategy based on arguments you can actually present to a judge. They need to make it impossible to find 12 jurors who will convict them.

Spreading disinformation is their best bet in that fight, so that’s the strategy going forward. It actually makes perfect sense. Giuliani will expect a broad, blanket pardon for federal crimes, and Trump may very well pardon himself to prolong any effort to bring him to justice. This won’t shield either of them from state crimes, and it probably won’t hold for Trump on federal crimes either since no man can be the jury in their own case.

Yet, with nearly half the country voting for Trump’s reelection, the odds are not bad that any jury will contain at least one supporter, and Trump and Giuliani can hope that they’ll get a nullification vote against even an open-and-shut slam-dunk case.

This whole spectacle is disgraceful and degrading to the character of our country, but it’s not irrational from a criminal’s point of view.