Who knows what Trump’s legal team unearths during discovery. From Martin Armstrong at armstrongeconomics.com:

QUESTION: Marty, Your experience in law is well known. What is your opinion of Trump’s new indictment?
Paul
ANSWER: Never in the entire history of the United States have we EVER witnessed such political corruption using the Department of Justice. They had tapes of Richard Nixon that would have convicted him but they did not prosecute him for fear that it was not in the best judgment for the nation. Nixon had won by the highest vote, and the fact that the people caught in the break-in were actually CIA people. Nixon had a meeting with the head of the CIA and bluntly just said he knew who killed JFK.
Here we have the most desperate case against Trump, which is obviously political. In this case, you have the president of the United States engaging in political speech, and even if it is an outright lie, as so many presidents have done, it cannot be a crime. As the president, he even had a fiduciary duty to question the validity of the election, as did Hillary, when he was being told by people under oath from around the country that there were problems with the election.
The Biden Administration now has the burden to tear down the First Amendment for the government must now prove in this case, beyond a reasonable doubt, that the president’s speech is not protected by the First Amendment. That will apply to Biden and every president until the country collapses. I would be shocked if that would be upheld by the Supreme Court, even if they get the DC judge, who is notoriously biased, to rule that Trump had no First Amendment rights – as I expect she will do solely for political purposes.