Jack Smith Questions Trump Team’s Public Comments On Legal Defense

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Jack Smith, the special counsel’s office, wants to know if former president Donald Trump will actually argue in court that he followed the advice of his lawyers and not the other way around when he tried to overturn the election results for the 2020 presidential elections. Special counsel Jack Smith wants to know if former President Donald Trump will actually argue in court that he was simply following advice from his lawyers when he attempted to overturn the results of the 2020 presidential election. It would also open up Trump’s communications with his lawyers to greater scrutiny.

Smith’s team is asking U.S. District Judge Tanya Chutkan to tell Trump’s attorneys they have until Dec. 18 to formally say whether they will rely on the advice-of-counsel defense. Prosecutors argued that this would avoid delays in the March trial. The 14-page filing was prepared by senior assistant special counsels. It noted that Trump himself acknowledged the issue when he told former Fox News host Tucker Carlson, “we had some lawyers” telling him he could take actions now included in the charges against him. Trump himself also nodded to it when he told former Fox News host Tucker Carlson that “we had some lawyers” telling him he could take actions that now figure in the charges against him.

“Given his extensive public statements, the defendant cannot complain that formal notice will prematurely or unfairly reveal a hidden trial strategy,” stated the 14-page filing, which was prepared by senior assistant special counsels.

While prosecutors did not name any of the witnesses who might be impacted by Trump’s decision, they said the group includes “co-conspirators, former campaign employees, the campaign itself, outside attorneys, a non-attorney intermediary, and even a family member of the defendant.”

Smith’s office asked Chutkan in a separate filing on Tuesday to take steps to ensure Trump does not intimidate witnesses in the case.