'Jack Smith Has Set a Trap for Trump'

[Joinfortmill]

https://statuskuo.substack.com/p/jack-smith-has-set-a-trap-for-trump?utm_source=substack&utm_medium

'And it’s based on his “advice of counsel” defense'

'For months, Trump has telegraphed that he intends to rely upon a defense known generally as “advice of counsel.” This means Trump will claim he was just doing what his legal advisors had said he could do, and therefore he can’t be guilty of conspiring to overturn the election. He recently reaffirmed that he intends to rely upon the defense that he was “advised by many lawyers” that what he did was perfectly legal....Let’s take a look at some of these, and then see how Special Counsel Jack Smith may be leagues ahead of Trump on their probable implications to the case.

The “advice of counsel” defense waives attorney-client privilege
The person giving advice actually has to be your lawyer
The timeline has to line up
They can’t be co-conspirators with you
The reliance has to be reasonable, and you can’t lawyer shop'

This article is a must-read, people (my words).

[Blue Owl]

1. K&R

[Charlie Chapulin]

2. Fascinating, Captain.

[sheshe2]

3. Whoa.

You are correct, that is a must read…long, yet well thought out and informative.

Looks like the idiot keeps boxing himself into a corner.

Thank you for your post, Joinfortmill.

[MyOwnPeace]

4. The picture says it all......

the 'bumbling oaf' vs: the "Mastermind."

SO much fun reading the many ways the law is FINALLY stepping up and ready to do a SMACK-DOWN!

[Tarc]

5. He would also have to take the stand, I believe.

That would be glorious.

[RobinA]

6. I Have My Doubts

that that will be his defense. His lawyers aren't going to sit still and cooperate with that.

[ms liberty]

14. The lawyers he has now aren't the ones he'll throw under the bus

It's mostly his so far unindicted co-conspirators. I totally believe he'll try to get out of it by throwing Rudy, Sidney and the rest of the Krazy Kar Krew to the wolves.

[Gore1FL]

7. I submit Trump set himself up.

Smith is simply being a competent lawyer.

[Warpy]

8. Oh, my

That means he's going to have to find a lawyer who wasn't part of this mess, which means it's going to have to be someone who wasn't anywhere near his inner circle of trusted crooks, someone he neither knows nor fully trusts.

That means that no matter how tightly they circle the wagons, their fates will rest with people outside the circle, and that id deeply terrifying.

And we thought he was bonkers before he was indicted.

[MOMFUDSKI]

9. Let the orange traitor's

ride begin. I will furnish the popcorn. Yee Hah!

[Cha]

10. Very Interesting.. a snip from your article..

So what does that mean in practical terms? For starters, all written and electronic communications between you and your attorneys become fair game and can be subpoenaed and used by prosecutors. And further, many of your attorneys’ notes (i.e. “work product”) could become relevant and discoverable if it’s related to that advice. Finally, your attorneys can be called to the stand to testify about what they told you.

TY!

[FakeNoose]

18. I believe those former attorneys have all been deposed, and have turned over documents

Jack Smith has certainly been busy these past 8 months!

[Cha]

20. So Busy, Productive, and HELL on

on trump.

[Historic NY]

11. Poor Rudy....

[Hekate]

12. Enjoyable reading. Apparently attorney-client privilege goes poof...

The “advice of counsel” defense waives attorney-client privilege
If you’re going to assert that you are innocent because you were just following the legal advice given to you by your lawyers (while throwing them under the bus in the process), then one thing that disappears right away is your right to assert that your communications with those lawyers are “privileged.”

[BlueIdaho]

26. More witnesses...

Once the lawyers lose the excuse of attorney client privilege - they become witnesses to TFGs words thoughts and deeds. This could be interesting.

[ms liberty]

13. This article is a must read. To the end. n/t

[keithbvadu2]

15. Law of unintended consequences

What's the term for an action that backfires on you?

[Aussie105]

32. KARMA!

No other word for it.

[SunSeeker]

16. His could try an insanity defense.

But of course he is not legally insane, he is just evil.


He has no defense.

[ancianita]

17. Brilliant. Everyone should read this. Thank you for this!

[FakeNoose]

19. K & R Bookmarking

Thanks!

[mahina]

21. excellent article, thank you.

[dmr]

22. Yes, this article is a must read.

TFG is toast. I'm confident Jack Smith has all his bases covered, which makes me so happy.

[Blue Owl]

23. Step right in you fat fucking fuck

[TomSlick]

24. Moreover, to claim the defense Trump or one of the lawyers would have to testify.

Trump would have to climb over the bodies of his dead lawyers to testify.

The lawyers (either unindicted co-conspirators or would be) could not testify without incriminating themselves.

Jack is nobody's fool. He's thought this through.

[Kablooie]

25. All the news talks about everything being in the past.

but Trump is saying the exact same lies today.
He still says the election was stolen and millions of votes were faked.
The prosecution intends to prove that he knows they are all lies but Trump still holds on to them as being real.
They case will probably confuse the jury so much that they won't be able to deliver a confident guilty verdict.

[GenThePerservering]

28. I don't see how that would confuse anyone

if anything, it clarifies his stance by contradicting the very defence he had intended to take (advice of council) - the news is irrelevant.

[Martin68]

27. Trump is a little mouse who thinks he's a tiger, trying to evade the clutches of an enormous tomcat.

Trump thinks he's invulnerable, and that's his biggest vulnerability.

[Deuxcents]

29. Ty for this post

I especially appreciated that the information was easy to understand and took one issue at a time so as not to confuse a non law student like me. I learn so much here…I’ve said it many times. Thank you

[RANDYWILDMAN]

30. Smith is playing Chess

TFG is playing Tiddlywinks and he sucks at it.

[NowISeetheLight]

31. Joinfortmill

Great summary. Thank you for posting.

[czarjak]

33. Luckily, low-hanging fruit always leads to easy-pickings.

[BComplex]

34. Jack Smith is a genius. He should be the attorney general.

Forever.