Podcast Summary
Trump Ordered to Disclose Advice of Counsel Communications by January 15, 2024: Trump must reveal if using 'advice of counsel' defense and make related communications available by January 15, 2024, waiving attorney-client privilege. This ruling emphasizes transparency in legal proceedings and potential consequences of using such a defense.
In the ongoing criminal case against Donald Trump, a federal judge has ordered that by January 15, 2024, Trump must disclose whether he will invoke an "advice of counsel" defense and, if so, make all relevant communications with his attorneys available. This is because invoking such a defense waives attorney-client privilege. Trump's lawyers have previously named several attorneys, including John Eastman, as sources of advice Trump relied on. Special Counsel Jack Smith requested this disclosure to prevent being caught off guard and to access the necessary communications if Trump intends to use attorneys as part of his defense. This ruling underscores the importance of transparency in legal proceedings and the potential consequences of invoking an advice of counsel defense.
Complexity of Legal Proceedings for Trump's Advice of Counsel Defense: To successfully use an advice of counsel defense, a criminal defendant must disclose all relevant information to their lawyer and prove the lawyer's advice was still to commit the crime. However, when some lawyers involved have already plead guilty, it raises questions about the validity of the defense.
In the ongoing legal proceedings involving Donald Trump, the issue of an advice of counsel defense has come up. For such a defense to be valid, a criminal defendant must show that they provided their lawyer with all relevant information and the lawyer still advised them to commit the underlying crimes. However, in this case, some of Trump's lawyers, like Ken Chesebro and Jen Ellis, have already plead guilty in the Georgia criminal RICO case, making it difficult for them to claim they were only providing legitimate legal advice. Special Counsel Jack Smith requested disclosures be made by December 18, 2023, but Trump proposed January 15, 2024, with a briefing schedule to follow. However, Judge Chutkan rejected Trump's proposal and used his own words against him, stating that they had all consented to January 15, 2024, for the disclosures. This highlights the complexity of the legal proceedings and the importance of disclosing relevant information in a timely manner for an advice of counsel defense to be considered valid.
Attorney-client documents and the advice of counsel defense: Trump's legal team's attempts to delay disclosing related documents backfired, while maintaining heart health through supplements like Superbeats can effectively support normal blood pressure and circulation
In legal proceedings, consenting to an advice of counsel defense comes with the requirement of disclosing all related attorney-client documents. However, there is no precedent for delaying the disclosure process, as evidenced by the ongoing case involving Donald Trump's legal team. Trump's lawyers' media appearances attempting to delay the trial backfired, and Special Counsel Jack Smith was prepared to obtain the records promptly. Regarding health, another crucial takeaway is the importance of maintaining heart health and circulation. Superbeats heart chews are a plant-based, stimulant-free supplement that can support healthy blood pressure and circulation, making them a convenient and effective addition to a healthy lifestyle. The antioxidants in Superbeats are clinically proven to be nearly twice as effective as a healthy lifestyle alone in promoting normal blood pressure.
Trusted Brand for Heart Health Support and Legal Update: Super Beats is a trusted brand for heart health support, providing energy without crashes and healthy blood pressure support. In legal news, a defendant must provide notice and disclose communications for advice of counsel defense, waiving attorney-client privilege.
Super Beats is a trusted brand for cardiovascular health support, as recommended by doctors, pharmacists, and cardiologists. Super Beats heart chews not only support healthy blood pressure but also provide heart-healthy energy without crashes. Meanwhile, in legal news, a judge has granted a motion in part and denied it in part regarding a defendant's intent to use advice of counsel as a defense at trial. The defendant must provide notice of this defense by January 15, 2023, and disclose all relevant communications and evidence to the government. By invoking the advice of counsel defense, the defendant waives attorney-client privilege for the related communications.
Trump Agrees to Provide Notice of 'Advice of Counsel' Defense by January 15, 2024: Courts have the authority to order advance notice of the 'advice of counsel' defense in criminal proceedings to prevent disruption and delay, but there is no uniform practice. Trump has agreed to provide notice by January 15, 2024, and will disclose the required discovery along with it.
While there is no explicit requirement for advance notice of the "advice of counsel" defense in criminal procedure, some courts have the inherent authority to order it to prevent disruption and delay. However, other courts disagree. In this case, the defendant, Donald Trump, has agreed to provide notice to the prosecution by January 15, 2024, about his intent to use this defense. The court granted the government's motion for partial notice, requiring Trump to provide the required discovery along with his notice. Trump proposed a delayed disclosure schedule, but there is no precedent for this procedure and it goes against the standard practice of accompanying notice with disclosure to waive the attorney-client privilege. Trump's lawyers' attempt to consent and delay the trial was criticized by the judge.
Trump's Attempt to Delay Trial Fails: Judge denies Trump's request to use consent argument to delay trial, revealing his desire to delay and reminding us of a judge's inherent authority to set trial dates.
Former President Trump's legal team attempted to use the consent argument to delay the trial, but the judge denied their request and adopted the consent date instead, giving them additional time for disclosure. However, this strategy backfired as it revealed Trump's desire to delay the trial. It's important to note that the judge has inherent authority to set the trial date and did not need Trump's consent to do so. Trump's team had hoped to use the consent argument as a way to buy more time, but the judge saw through this and kept the trial on track. This is a reminder that legal strategies do not always go as planned and can sometimes have unintended consequences. Stay tuned for more updates as we get closer to the March 4, 2024 trial date. Remember to subscribe to our channel and follow us on Instagram @midastouch for the latest news.
