this post was submitted on 20 Oct 2023
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320
The Chesebro and Powell Guilty Pleas Torch Trump’s Planned Defense (slate.com)
submitted 10 months ago by [email protected] to c/[email protected]
34 comments fedilink hide all child comments
 

That the significant cooperation under discussion involves four of Trump’s attorneys underscores the reality that the former president’s regularly touted defense that he was relying on the good-faith guidance of his attorneys during the attempted coup was, and is, nothing more than self-serving fantasy. In the courtroom—as compared with on television or in social media—he has never had the ability to offer that defense.

In court, the advice of counsel “affirmative defense” requires a defendant to prove two things: First, that he relied in good faith on his lawyer’s advice that the conduct in question at trial was legal, and second, that he made a full disclosure of all relevant facts to the attorney before receiving that advice.

Based on my four decades in the courtroom as both federal prosecutor and defense attorney, I can report that the assertion of the attorney-client privilege by a criminal defendant at trial is a black swan event—effective only with the consistent, overlapping trial testimony of both the attorney and the defendant, and the admission into evidence of any documents reflecting the communications or advice they testified about.

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[–] [email protected] 6 points 10 months ago (1 children)

I will be shocked to hear anything other than a steady litany of I cannot recall at the trials.

[–] [email protected] 5 points 10 months ago

From Trump, maybe. From anyone taking a plee deal, you will not. Their deal is only valid as long as they cooperate. They will also have written records regardless. If they don't cooperate, they get the full weight of the law upon them again.