One other problem with Pence’s analysis is that Trump has never raised this issue, in or out of court. He’s claimed the documents were planted, he’s claimed they were declassified, he’s claimed they were his; and that everybody else got to keep some!One important aspect of an advice of counsel defense is that the defendant has to waive attorney-client privilege in order to assert that defense.
— Renato Mariotti (@renato_mariotti) November 19, 2022
In my experience, attorneys refuse to testify that they advised their clients to commit crimes. This defense rarely comes together. https://t.co/9aWU0sbCR0
Three of those claims he’s made in court; but neither in court or out has he claimed his lawyers told him to do it.
Mariotti’s final point is that the lawyers would have to confess to conspiracy in order to make this defense. I don’t see any lawyer doing that for Trump. But maybe Mike Pence would.
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