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.

  • deegeese@sopuli.xyz
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    1 year ago

    In short, you can’t claim “lawyers told me to do crimes” when those same lawyers say “you asked us to plan crimes”.

    • Nougat@kbin.social
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      1 year ago

      Also, attorneys who have pleaded guilty necessarily break attorney-client privilege in the context of their crimes. As of now, Trump can’t prevent Chesebro and Powell from testifying against him in this case on that basis. Neither can Guiliani or Eastman or anyone.

    • downpunxx@kbin.social
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      1 year ago

      If only the guy that ultimately drives the bus that takes Trump to jail is named Brandon

      • kescusay@lemmy.world
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        1 year ago

        I’m an atheist, but if that happens I’ll take it as evidence that if there does happen to be a god, whoever it is has a grand sense of irony.

      • Mamertine@lemmy.world
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        1 year ago

        I somehow doubt that most of the prisoners would be chanting “let’s go Brandon” though. I suspect being transported to prison is a somber event.

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    1 year ago

    I have no doubt that Trump will stand up in the courtroom and claim that he was incompetent to make proper choices in 2020 AND go to the GOP convention and say that he’s the best person to be President

      • Dagwood222@lemm.ee
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        1 year ago

        There actually was a New York Mafia boss who avoided jail for years by wandering around the neighborhood in pajamas and pretending to be crazy.

        • protist@mander.xyz
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          1 year ago

          Unfortunately he’s not an idiot, he’s a malignant narcissist, with diagnosable narcissistic personality disorder. He’s quite adept at keeping attention on himself and deflecting negative narratives, which is what his entire personality has been cultivated around.

    • EatATaco@lemm.ee
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      1 year ago

      He has been caught on tape admitting to mishandling classified information. His current defense? That he was just lying to look cool. And he’s the leading contender on the Republican side, by a long shot. It’s fucking mind-boggling.

      • Dagwood222@lemm.ee
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        1 year ago

        Pretty much every day from election Night 2016 until mid 2020 I was saying ‘this is unbelievable.’

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    One thing that I think people are underestimating is that Willis’s team really didn’t want to try these two chuckleheads separately and months before everyone else.

    Leverage can flow both ways, I’m sure part of the reason they got off easy was because the DA really wanted this trial not to happen.

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      The court itself really didn’t want to try the case. They were on defense about offering a plea.

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

    • Cethin
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      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.