And it’s based on his “advice of counsel” defense

Trump plans to assert an “advice of counsel” defense, claiming he was just following the legal advice of his attorneys. However, this defense comes with conditions that could undermine Trump’s case. By asserting this defense, Trump would waive attorney-client privilege, meaning communications with his attorneys would become available to prosecutors. His attorneys would also likely have to testify in court. Furthermore, prosecutors could argue that Trump’s attorneys were actually co-conspirators, not just legal advisors, and that Trump’s reliance on their advice was unreasonable. Special Counsel Jack Smith appears to have capitalized on this by naming Trump’s attorney co-conspirators in the indictment, which could allow him to crack open communications between Trump and his attorneys.

  • potpie@beehaw.org
    17·
    1 year ago

    Ah yes just like the “perjury trap” we heard about so many aeons ago… The kind of trap where you just get called on your bullshit and then… then that’s it. That’s the trap.

    • chaos@beehaw.org
      6·
      1 year ago

      I’m shocked that we still allow armed bank robbery traps to be built all across the country, even good Real American towns. All that money just sitting there, but if you even once pull out a gun and try to take just a bit of it, they’ll put you away! It’s entrapment is what it is. So much for the land of the free.