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.

  • BrooklynMan@lemmy.mlEnglish
    70·
    1 year ago

    yeah, it’s called a “trial”.

    the “trap” is that he knows Trump will “lie” because Smith has “mountains of evidence” that Trump and his co-conspirators are “incredibly fucking guilty."

    • revelrous@sopuli.xyz
      16·
      1 year ago

      Thank you! It’s always interesting to listen to professionals in a field use technical language. 😃

    • Dominic@beehaw.orgEnglish
      2·
      1 year ago

      Jack Smith lured Trump into committing crimes 3+ years ago, in what legal experts are calling “1D checkers.”