Judge Prevents “Advice of Counsel” Defense in Trump Trial due to Contradictory Claims

Former President Donald Trump continued his criticism of Judge Juan Merchan presiding over his Manhattan criminal trial on Tuesday by claiming that he was not allowed to assert an “advice of counsel” defense, which is used to demonstrate a defendant’s lack of intent to break the law when advised otherwise by their legal team. However, this claim from Trump is misleading as Judge Merchan has already ruled against allowing such a defense in his trial because during pre-trial proceedings, Trump’s lawyers informed him that they would not be using an “advice of counsel” defense but instead planned to present evidence regarding the involvement and advice of their legal team without waiving attorney-client privilege. Judge Merchan rejected this proposal as it would have unduly confused or misled the jury in light of the fact Trump previously claimed he wouldn’t use that type of defense at all. Therefore, Judge Merchan has barred any mention or suggestion of a “presence of counsel” defense during the trial itself.