Can a DU legal expert explain to me...

[Ms. Toad]

34. claim what they say.

speaking is an act, not a mental state. People's actions may provide evidence of their mental state, but you have to prove the mens rea (guilty mind) in order to convict someone.

On the same claim, between the same parties, the court has the final say - in the sense that it cannot be relitigated. That isn't what is happening here. The parties are different. The claims are different. The courts decided (broadly) that - as a factual matter - Biden won the elections. The criminal charges aren't about factually who won the election. They are about whether Trump committed fraud (and related crimes) to stay in office. One of the elements of fraud is a state of mind - specifically that Trump knew he lost. It isn't about who actually won or lost - that element is about what Trump knew.

As to your second hypothetical, you've switched to civil law, an order that would never be issued (cease and desist is a colloquial term that refers to a letter from an attorney, not an order from a court), and a matter of enforcement of the court order by the court that issued it. It is not at all relevant to this matter.

As a basic starting point, Trump is about to be charged with new crimes - not with violating a civil order isused by the court in which enforcement is being sought.

But to answer your question, if the court determined that you were trespassing and issued an injunction (an order prohibiting you from building on your neighbor's property) and you continued to build your neighbor could go back to court to enforce the injunction. Trepass is a civil action. As to trespass the mental state is whether you intended to place your building in the physical location in which you placed it. It is irrelevant whether you knew the location was owned by your neighbor - only that you intended to put it in that location.

That is not the case with fraud. With fraud, knowledge that the facts you are asserting are false IS an element of the crime, so it has to be proven that you subjectively knew they were false.

Every crime has specific elements, and conviction requries proving that the accused committed each and every element of the crime.