In an attempt to compel President Donald Trump to reveal a specific defense strategy he may use in the final trial, Special Counsel Jack Smith has just failed.In the federal secret materials case from the previous year, Smith requested a court order compelling Trump to reveal his legal intentions. But the action infuriated the presiding judge, much to Smith’s embarrassment.
According to Newsweek, U.S. District Judge Aileen Cannon has rejected Smith’s request that Trump reveal whether he intended to rely on an advice-of-counsel defense. Trump’s harsh critics are furious about the judge’s ruling. The action reignited claims that Trump appointment Judge Cannon is biased in favor of the 45th president.
There are some people who claim that Cannon has taken steps to intentionally slow down and postpone the legal proceedings in order to benefit Trump. In November, Smith submitted a request for notification and disclosure regarding the likelihood of former President Trump using an advice-of-counsel defense. If this defense is raised, it would require additional pre-trial discovery on the part of the defense.
“The Government is not aware of any valid basis for an advice-of-counsel defense, but, if asserted at trial, it would require inquiry into any attorney communications on which it is based, and, under precedent in this District, would require disclosure of any such attorney-client communications,” the motion stated.
“Accordingly, in order to prevent disruption of the trial, the Government requests an order requiring advance notice of any advice-of-counsel defense and timely production of any associated discovery so that any legal issues can be fully resolved well in advance of trial,” the filing continued.
“In filing this motion, the Government does not concede the appropriateness or viability of an advice-of-counsel defense, or that a jury instruction will be warranted.”
According to Law & Crime, Special Counsel Smith’s motion went on to provide multiple examples of public statements by President Trump that seemed to suggest that he had been “told” by his attorneys that he was not obligated by law to return the purported classified documents he retained after leaving the White House.
