Former President Donald Trump was ordered on Wednesday to state whether he intends to argue that he was acting on the advice of counsel as a formal defense strategy in the DC election interference case.
In a three-page ruling, Chutkan ordered Trump to declare whether he intends to use the advice of counsel defense at his criminal trial by January 15, 2024. If he does, he automatically waives attorney-client privilege.
Judge Chutkan issued the order. It means that Donald Trump will have to waive his attorney-client privilege in his case.
In her ruling, Chutkan said that there were no local or federal criminal rules that required advance notice for the advice of counsel defense. However, it could cause disruption and delay in waiting.
Jack Smith said in an October 10 motion that when a defendant invokes such a defense in court, he waves attorney-client privilege for all communications concerning that defense.. Additionally, he said the government is entitled to additional discovery and may conduct further investigation, both of which may require further litigation and briefing.
Gaining access to new discovery would also mean prosecutors would need to extend their investigation time. And that could mean new litigation, news briefings, and more.
The advice of counsel defense is one that Trump‘s attorneys have suggested they will use.
According to Law & Order, to use that defense, defendants must release all relevant information. It also means attorneys must show they attempted to apply the advice they received in good faith.
Trump faces four criminal charges in Washington DC, tied to January 6, including conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of an official proceeding, and conspiracy against civil rights.
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