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Advice Of Counsel Defense

All articles tagged with #advice of counsel defense

legal2 years ago•2 min saved

Trump's Legal Troubles Mount as Judge and Special Counsel Challenge Election Fraud Claims

U.S. District Judge Tanya Chutkan has ordered former President Donald Trump to declare whether he intends to use an advice-of-counsel defense in his election interference case. This could potentially require Trump to hand over his private messages with lawyers to prosecutors. Prosecutors argued that waiting until the eve of trial to raise this defense could cause disruption and delay. If Trump chooses to use the defense, he must provide notice by January 15, 2024, and hand over all relevant documents to prosecutors. Trump's lawyers have previously stated that he relied on advice from attorney John Eastman.

via Newsweek|

#advice-of-counsel-defense #donald-trump #election-interference

legal2 years ago•2 min saved

"Judge Chutkan's Ruling Forces Trump to Back Up Defense Claims"

U.S. District Judge Tanya Chutkan has ordered former President Donald Trump to declare whether he plans to argue that he was acting on the advice of his lawyers in his D.C. election subversion case. Chutkan's order partially grants a motion from special counsel Jack Smith's team, stating that if Trump invokes the advice-of-counsel defense, he waives attorney-client privilege and must turn over relevant documents to the prosecution. Legal experts suggest that the order puts Trump in a difficult position, as he will have to disclose private communications with his attorneys or risk not being able to advance the defense. They also note that it may be challenging for Trump to convince the judge to permit him to use the advice-of-counsel defense at trial.

via Yahoo News|

#advice-of-counsel-defense #attorney-client-privilege #donald-trump

law-and-politics2 years ago•3 min saved

Trump's 'advice of counsel' defense under scrutiny as judge demands clarity

U.S. District Judge Tanya Chutkan has ordered Donald Trump to declare by January 15, 2024, whether he intends to use an "advice of counsel" defense in his criminal trial. Prosecutors had expressed concerns that Trump was waiting until the last minute to declare his strategy, potentially disrupting the proceedings. By invoking this defense, Trump would waive attorney-client privilege and the government would be entitled to additional discovery. The timing of Trump's defense strategy has already been discussed in the press, prompting prosecutors to begin producing discovery. Trump faces four criminal charges related to the January 6th Capitol attack and has pleaded not guilty. The trial is scheduled for March 4, 2024.

via Law & Crime|

#advice-of-counsel-defense #criminal-trial #discovery

legalcriminal-justice2 years ago•4 min saved

Prosecutors Seek Accountability for Trump's Lawyers in Election Case Defense

Federal prosecutors have asked a judge to compel former President Donald Trump to disclose whether he plans to blame his lawyers for giving him poor legal advice in his attempts to overturn the 2020 election. The prosecutors argue that Trump and his current legal team have publicly announced their intention to use the "advice of counsel" defense as a central component of his defense. If Trump pursues this strategy, he would have to waive attorney-client privilege and provide prosecutors with all communications and evidence related to the lawyers involved. Prosecutors also requested restrictions on disclosing information about potential jurors to protect them from intimidation and fear.

via The New York Times|

#advice-of-counsel-defense #donald-trump #election-interference