TRUMP DEFENSE
ON ADVICE OF COUNCEL
Donald Trump's "advice of counsel" defense has been making headlines lately, and it's hard not to laugh at the absurdity of it all. I mean, come on, we're talking about a guy who once suggested injecting bleach as a cure for COVID-19. Do we really think he was following the advice of his lawyers? But let's give him the benefit of the doubt for a minute. Maybe, just maybe, he really was taking his lawyers' advice when he tried to pressure Mike Pence into overturning the election results. In that case, we have to wonder what other advice his lawyers gave him. Did they tell him to wear a suit made entirely out of gold lamé? Did they suggest he start every speech with a joke about his hair? Did they recommend he try to negotiate peace in the Middle East via Twitter? Or maybe they gave him some more practical advice. Like, "Mr. President, it's not a good idea to stick your head in the oven to tighten your wrinkles." Because let's be honest, if Trump had followed that particular piece of advice, things could have gotten really nasty. Of course, there are some potential problems with the "advice of counsel" defense. For one thing, it only works if the defendant actually relied on their lawyers' advice. And given Trump's track record of ignoring advice he doesn't like, that's a pretty big if. Plus, even if he did rely on his lawyers' advice, it only gets him off the hook if his actions weren't criminal in the first place. And let's face it, trying to overturn a democratic election is pretty damn criminal. But hey, stranger things have happened. Maybe Trump will be able to convince a jury that he was just following orders from his legal team. Maybe they'll buy the idea that a man who once stared directly at a solar eclipse was simply too naive to know better. Or maybe, just maybe, they'll see through the whole charade and deliver justice to a man who deserves nothing less. Either way, one thing is for sure: this whole "advice of counsel" defense is one big joke. And if there's one thing Trump knows how to do, it's tell a joke. Even if it's unintentional.
Trump’s lawyer drops an unsettling hint about his defense strategyMy Washington Post subscription allows me to share access to great journalism. Check out this gift article, at no cost to you. Read here: https://wapo.st/3OqcO0X
Trump’s Jack Smith Trial Plan: Scapegoat His Coup Lawyers – Rolling Stone https://www.rollingstone.com/politics/politics-features/donald-trump-jan6-jack-smith-rudy-giuliani-john-eastman-1234798826/
Trump's attorney tells NPR how he plans to defend against the latest charges : NPR https://www.npr.org/2023/08/02/1191627739/trump-charges-indictment-attorney-jan-6-probe
Trump’s Lawyers Raise First Amendment Defense to Latest Charges. Will It Work? - WSJ https://www.wsj.com/articles/donald-trump-first-amendment-jan-6-trial-defense-dbbdf297
FROM BARD AI:
Trump's defense of "on advice of counsel".
The "advice of counsel" defense is a legal doctrine that allows a defendant to argue that they did not act with criminal intent because they were simply following the advice of their lawyers. This defense is often used in cases where the defendant is accused of a white-collar crime, such as fraud or tax evasion.
In the case of Donald Trump, he is accused of obstructing the official proceeding of the electoral count on January 6, 2021. Trump's lawyers have argued that he was simply following the advice of his lawyers, including John Eastman, when he pressured Vice President Mike Pence to overturn the election results.
There are a few potential problems with Trump's "advice of counsel" defense. First, the defense requires that the defendant actually relied on the advice of their lawyers. In Trump's case, there is evidence that he did not always follow the advice of his lawyers. For example, he ignored the advice of his lawyers not to pressure Pence to overturn the election results.
Second, the defense only applies if the defendant's actions were not criminal in the first place. In Trump's case, the obstruction charge requires proving that he had "corrupt intent". This means that he must have known that his actions were wrong and that he did them anyway. If Trump can prove that he was simply following the advice of his lawyers, then he may be able to avoid a conviction on the obstruction charge.
However, even if Trump can prove that he relied on the advice of his lawyers, he may still be convicted of other charges, such as seditious conspiracy. This charge requires proving that Trump conspired with others to use force to prevent the certification of the election results. It is not clear whether the "advice of counsel" defense would apply to this charge.
Ultimately, the success of Trump's "advice of counsel" defense will depend on the specific facts of his case and the interpretation of the law by the jury. However, it is a potential defense that Trump's lawyers may use to try to avoid a conviction.