Podcast Summary
Trump's Attorney-Client Privilege Delay Tactic Challenged: Special Counsel Jack Smith is demanding Trump disclose info by Dec 18, 2023 if using 'advice of counsel' defense at trial, or witnesses may testify without privilege.
Special Counsel Jack Smith is calling out Donald Trump's attempts to use attorney-client privilege as a delay tactic in the ongoing criminal cases against him. Trump's lawyers have been giving interviews and speeches, suggesting that Trump will use an "advice of counsel" defense at trial. However, Smith is demanding that if Trump intends to use this defense, he must waive attorney-client privilege and disclose all relevant information by December 18, 2023. The special counsel's office has already identified over 25 witnesses who have withheld information under attorney-client privilege. If Trump fails to comply, the witnesses may be compelled to testify at the March 2024 trial. The goal is to prevent Trump from using this tactic as a delaying strategy and to ensure a fair and efficient trial process.
Trump's legal team may assert attorney-client privilege during trial but could face consequences for inconsistent communication: Clear and consistent communication between lawyers and the court is crucial to avoid potential waiver of privileged information during a trial.
The legal team for Donald Trump is expected to assert attorney-client privilege during his trial, but there's a risk that this could disrupt the trial if they also publicly claim to be relying on this defense. The government, represented by Jack Smith, has opposed a motion for formal pretrial notice of this intent, arguing that if Trump makes such a claim publicly, it could waive the privilege and make previously protected documents and information available to the prosecution. Trump is currently opposing this motion. This situation highlights the importance of clear and consistent communication between lawyers and the court regarding legal strategies, as there can be significant consequences for not following through on publicly stated intentions.
Defendants Waive Attorney-Client Privilege for Defense-Related Communications: When invoking a defense in court, defendants lose attorney-client privilege for related communications, allowing the government access to additional discovery and investigation.
When a defendant in a court case invokes a particular defense, they waive their attorney-client privilege for all communications related to that defense, and the government is entitled to additional discovery and further investigation. To prevent disruption to the pretrial schedule and delay of the trial, the court may require the defendant to provide notice of their intent to assert this defense in court by a certain date. Meanwhile, on a completely different note, Shopify is a powerful commerce platform that enables businesses of all sizes to start, run, and grow their operations online. From managing sales channels to offering seamless checkout experiences, Shopify provides entrepreneurs with the tools they need to succeed. With Shopify, businesses can easily manage their shops, view analytics, offer excellent customer service, and streamline their entire online shopping experience. Shopify powers 10% of all ecommerce in the US and has a global presence, supporting businesses in over 170 countries. Plus, Shopify's award-winning help is always available to support your success. If you're looking to take your business to the next level, consider signing up for a $1 per month trial period at shopify.com/midas.
25 witnesses invoked attorney-client privilege: Defendant plans to use attorney's advice as a defense at trial, must prove good faith reliance and full disclosure to succeed
During the government's investigation into the defendant, at least 25 witnesses invoked attorney-client privilege, many of whom were associated with the defendant or his 2020 presidential campaign. The defendant and his counsel have consistently stated that they will use the advice of counsel as a defense at trial. Since the defendant's indictment, his legal team has repeatedly emphasized that they received legal advice from various scholars, and they intend to use this as a defense at trial. To successfully assert an advice of counsel defense, the defendant will need to prove that they relied in good faith on their attorney's advice and made full disclosure of all material facts to their attorney before receiving the advice.
Disclosing communications for advice of counsel defense: To use the advice of counsel defense, a defendant must disclose relevant communications to the prosecution before trial, waiving attorney-client privilege, to avoid disruption and delay.
In order to use the advice of counsel defense in court, a defendant must first disclose all relevant communications and evidence to the prosecution before the trial. This means waiving attorney-client privilege on these matters. Failure to do so can result in disruption and delay. Courts have the inherent authority to require formal notice of an advice of counsel defense before trial. Jack Smith, the special counsel, has argued this point in the ongoing case involving Trump, and it could potentially lead to significant consequences for the defendant if not handled properly. This legal maneuvering highlights the importance of transparency and preparation in criminal defense cases.
