It's very risky for Smith to charge Trump on the basis of his state of mind or intent.
When Donald Trump was elected president, it quickly became obvious that the traditional national-security briefing a person in his position receives daily would be well beyond his zone of proximal development. The briefings were slimmed down in length, chopped up into easy-to-digest bullet points, and decorated with lots of graphs and pictures. Alas, the Washington Post reports, even the kiddie version of the presidential brief has proven too challenging.
https://nymag.com/intelligencer/2018/02/dumbed-down-security-briefings-still-too-difficult-for-trump.html