trump-notice-re-advice-of-counsel-defense.pdf

In the upcoming New York trial of Donald J. Trump for covering up his payoffs to the stripper known as Stormy Daniels ha apparently intends to say that since lawyers were doing his bidding he had a right The acute legal analyst, experienced prosecutor 

legalnerd

 has posted this:

@alegalnerd

·

8h

At some point, if Trump wants to present evidence in an attempt to negate the intent to defraud or intent to commit/conceal another crime element of the 175.10 felony counts, he must divulge that evidence so that Judge Merchan can decide if it is admissible.to assume the conduct was lawful, given lawyers' professional duty to adhere to the law. 

- GWC

trump-notice-re-advice-of-counsel-defense.pdf

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK THE PEOPLE OF THE STATE OF NEW YORK, - against - DONALD J. TRUMP, Defendant. Index No. 71543-23 PRESIDENT DONALD J. TRUMP’S NOTICE CONCERNING HIS INTENT TO RELY ON AN ADVICE-OFCOUNSEL DEFENSE

President Donald J. Trump respectfully submits notice concerning his intent to rely on the defense of advice-of-counsel at trial (this “Notice”), as ordered by the Court on February 7, 2024.1 At the outset, we emphasize that there is a marked difference between the commonly referred to “advice-of-counsel” defense and the defense that President Trump expects to raise at trial—part of which will be that President Trump lacked the requisite intent to commit the conduct charged in the Indictment because of his awareness that various lawyers were involved in the underlying conduct giving rise to the charges. 

As Judge Kaplan recently stated, “evidence concerning the presence, involvement and even advice of lawyers in relevant events is viewed best as evidence probative of the defendant’s intent to defraud or lack thereof.” United States v. Bankman-Fried, 2023 WL 6392718, at *1 (S.D.N.Y. Oct. 1, 2023); see also United States v. Scully, 877 F.3d 464, 476 (2d Cir. 2017) (“[T]he claimed advice of counsel is evidence that, if believed, 1 

The Court’s February 7, 2024 decision ordered President Trump to provide “notice and disclosure of his intent to rely on the defense of advice-of-counsel by March 11, 2024, and to produce all discoverable statements and communications within his possession or control by the same date.” 2/7/2024 Decision at 6. -2- can raise a reasonable doubt in the minds of the jurors about whether the government has proved the required element of the offense that the defendant had an ‘unlawful intent.’”). 

President Trump intends to elicit these facts from witnesses, including former AMI executives and Michael Cohen, whom we expect will testify about President Trump’s awareness of counsel’s involvement in the charged conduct.2 This is not a formal advice-of-counsel defense.