Judge Aileen Cannon denied without prejudice Special Counsel Jack Smith’s motion to compel Trump to disclose his defense strategy in the classified documents case in Florida.
In November, Jack Smith tried to force Trump to disclose his decision on whether he would use an “advice-of-counsel” defense in the classified documents case.
This could have forced Trump to waive attorney-client privilege.
Thankfully Judge Aileen Cannon, a Trump appointee, denied Jack Smith’s request.
“Denying without prejudice Special Counsel’s Motion to Compel Disclosure Regarding Advice-of-Counsel Defense. The Court has reviewed the Motion, Defendants’ Opposition, the Special Counsel’s Reply, and is fully advised in the premises. Assuming the facts and circumstances in this case warrant an order compelling disclosure of an advice-of-counsel trial defense, the Court determines that such a request is not amenable to proper consideration at this juncture, prior to at least partial resolution of pre-trial motions, transmission to Defendants of the Special Counsel’s exhibit and witness lists, and other disclosures as may become necessary. The Special Counsel’s Motion is therefore denied without prejudice,” Judge Cannon wrote on Friday.
MEANWHILE in Florida: Judge Aileen Cannon, polar opposite of Judge Chutkan in DC case, denied another motion filed by Jack Smith.
He wanted to force Trump to disclose whether he planned to use “advice of counsel” defense in classified docs trial. Cannon said–not so fast: pic.twitter.com/9sphnDFzyt
— Julie Kelly (@julie_kelly2) January 13, 2024
In October Jack Smith filed the same motion asking for Trump to state his defense strategy in the January 6 case in DC.
“The defendant has provided public notice that he intends to rely on an advice-of-counsel defense at trial,” Smith wrote on October 10. “When a defendant invokes such a defense in court, he waives attorney-client privilege for all communications concerning that defense, and the Government is entitled to additional discovery and may conduct further investigation, both of which may require further litigation and briefing.”
Obama-appointed Judge Tanya Chutkan partially granted a motion filed by Jack Smith’s prosecutors and ordered Trump to say if he will use ‘advice of counsel’ defense in the January 6 case.
Chutkan partially granted Smith’s motion.
“Accordingly, the government’s Motion for Formal Pretrial Notice of the Defendant’s Intent to Rely on Advice-of-Counsel Defense, ECF No. 98, is hereby GRANTED in part and DENIED in part,” Chutkan wrote in a 3-page order.
Trump may be forced to give up attorney-client privilege if Judge Chutkan allows jurors to consider if Trump’s “reliance on his attorneys raises doubts about criminal intent.”
