And it’s based on his “advice of counsel” defense

And it’s based on his “advice of counsel” defense

  • OldWoodFrame@lemm.ee
    391·
    1 year ago

    I hate the terminology of ‘prosecutor set a trap’ or ‘perjury trap’ if you remember when Mueller wanted to get Trump to testify under oath. It might be a trap in the sense of catching someone, but it gives off this sense of plotting and scheming to unjustly nab an unknowing innocent being that was just going about its business, like when you trap a rabbit or something.

    It’s not a trap. Trump doesn’t have a good defense because he did do the thing he is accused of. A horseback cavalry charge against a machine gun isn’t “a clever trap by the machine gunner” one side just has the tools to win, and the other side doesn’t.

  • ThirdWorldOrder@lemm.ee
    11·
    1 year ago

    I was in civil court before and almost fucked up by submitting previous emails from a former lawyer of mine. Glad my attorney caught it and mentioned the shitstorm it would start.

    What I don’t understand is how someone who has been dealing with lawsuits his whole life could be so stupid?

      • Elderos@lemmings.world
        5·
        1 year ago

        It is actually easier to manipulate people if you’re ignorant and over-confident. It is much easier because you don’t have to lie and adapt your speech, you just do you.

    • OldWoodFrame@lemm.ee
      6·
      1 year ago

      What I don’t understand is how someone who has been dealing with lawsuits his whole life could be so stupid?

      He has $40 million worth of legal advice, it’s not being stupid or uninformed. They’re giving the best possible defense, and it’s a very bad one.

  • BarqsHasBite@lemmy.world
    9·
    1 year ago

    “advice of counsel” is a tough defense to assert. It comes with some preconditions that could prove highly damaging to Trump as well as legal hurdles that the jury could quickly find render the defense unavailable to him.

    one thing that disappears right away is your right to assert that your communications with those lawyers are “privileged.”

    Skipping a bunch of the other items why it’s tough and going for the trap:

    flipping attorneys is problematic, normally, because even if they agree to squawk, prosecutors normally can’t put them on a stand and ask them to testify about communications with their client. That’s because the attorney-client privilege belongs to the client. It isn’t something attorneys by themselves can decide to waive.

    But here, again by putting advice of counsel at issue, Trump himself has waived the privilege.

    In short, Jack Smith appears to have leveraged the advice of counsel defense by naming a bunch of lawyer co-conspirators. This could permit him to crack open the black box of the conspiracies, should any co-conspirator cooperate.

  • Kbin_space_program@kbin.social
    2·
    1 year ago

    Trick that I expect Trump to pull that the article doesn’t talk about:

    Trump will pull presidential privilege, national security, or the ever popular “I don’t remember” when asked to explain details.