Trump's attorneys have a plan for defending him against Jan. 6-related charges: Throw his coup lawyers under the bus.
There could be some small snags with using this strategy, though. For instance, many of these lawyers — Giuliani, Eastman, and all the rest — were merely doing what then-President Trump wanted them to do, or had told them to do: to try to find a way to keep Trump in power despite his loss to Joe Biden in the 2020 presidential contest.
“But as for Trump’s current situation, is ‘advice of counsel’ something a judge or a jury would be receptive to? At what point is a client not permitted to rely on the advice of counsel? For what they are likely going to charge Trump with, the former president is going to say he lacked the criminal intent that [the Justice Department] says he had — he is going to likely argue in court that all he did was listen to the professional legal analysis of his array of lawyers, and that is what he...
As New York District Attorney Alvin Bragg prepared to charge Trump over the Stormy Daniels hush money payments earlier this year, Trump signaled that he intended to rely on a similar defense centered on his former attorney Michael Cohen, who arranged the payments. “I had every reason to believe [Cohen] had a license to practice law, was competent, & was able to appropriately provide solid legal services,” Trump fumed on Truth Social in January.
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