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Jack Smith’s Latest Action Against Trump Spells More Doom For Him In The Ongoing Jan. 6 Trial

Jack Smith has made a move that puts the former president in a challenging position. Smith’s latest action is requiring Trump to decide whether to “put his money where his mouth is” by disclosing his legal defense strategy.

According to The Huff Post on Friday, October 13, Smith’s request, directed at U.S. District Court Judge Tanya Chutkan, seeks to compel Trump to provide formal pre-trial notice of any intent to rely on the advice of counsel as a defense.

Barbara McQuade, a former U.S. attorney and current law professor at the University of Michigan and MSNBC analyst, elaborated on this critical development in her essay for MSNBC.

Up to this point, Trump has seemingly navigated a delicate balance, simultaneously protecting certain testimony and documents from disclosure as privileged.

He further asserted that his actions were lawful because he relied on the advice of his legal counsel. However, with Smith’s latest move, the former president faces a pivotal decision. He must now weigh whether to utilize the advice-of-counsel defense at trial.

If he chooses to do so, this would necessitate disclosing the communications between himself and his lawyers, including prominent figures like Rudy Giuliani. This, in turn, could expose Trump to even more intense scrutiny. McQuade pointed out that Trump’s predicament is challenging.

The former president’s dilemma lies in the fact that he will have to decide whether asserting what may be a potentially fragile defense is worth sharing his trove of secrets. In essence, Trump’s legal strategy could force him to unveil information that was previously shielded from public view.

The implications of this move are profound. If Trump opts to pursue the advice-of-counsel defense, it could signal a significant shift in his legal strategy. It may also have repercussions for the ongoing investigation into the 2024 election and any potential legal consequences that Trump may face.

As this case continues to unfold, all eyes will be on how Trump responds to this latest development and whether he chooses to disclose confidential communications with his legal team.

The former president’s decision could have far-reaching consequences, shaping the trajectory of the election interference case and influencing public perception of his actions during this critical period in American politics.

PAUL BRITTON
PAUL BRITTONhttps://tosbos.com/
Paul joined the Manchester Evening News in 2004 and Tosbos in 2022. A senior reporter, he's experienced in crime and court reporting - and also holds the defense portfolio.
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