The Chesebro and Powell Guilty Pleas Torch Trump’s Planned Defense
The Chesebro and Powell Guilty Pleas Torch Trump’s Planned Defense
The "advice of counsel" defense for Trump was never going to work, but now it's really not going to work.
That the significant cooperation under discussion involves four of Trump’s attorneys underscores the reality that the former president’s regularly touted defense that he was relying on the good-faith guidance of his attorneys during the attempted coup was, and is, nothing more than self-serving fantasy. In the courtroom—as compared with on television or in social media—he has never had the ability to offer that defense.
In court, the advice of counsel “affirmative defense” requires a defendant to prove two things: First, that he relied in good faith on his lawyer’s advice that the conduct in question at trial was legal, and second, that he made a full disclosure of all relevant facts to the attorney before receiving that advice.
Based on my four decades in the courtroom as both federal prosecutor and defense attorney, I can report that the assertion of the attorney-client privilege by a criminal defendant at trial is a black swan event—effective only with the consistent, overlapping trial testimony of both the attorney and the defendant, and the admission into evidence of any documents reflecting the communications or advice they testified about.
In short, you can’t claim “lawyers told me to do crimes” when those same lawyers say “you asked us to plan crimes”.
Also, attorneys who have pleaded guilty necessarily break attorney-client privilege in the context of their crimes. As of now, Trump can't prevent Chesebro and Powell from testifying against him in this case on that basis. Neither can Guiliani or Eastman or anyone.
There’s a certain irony in that orange turd being laid out by a guy named cheese bro.
If only the guy that ultimately drives the bus that takes Trump to jail is named Brandon
I have no doubt that Trump will stand up in the courtroom and claim that he was incompetent to make proper choices in 2020 AND go to the GOP convention and say that he's the best person to be President
He has been caught on tape admitting to mishandling classified information. His current defense? That he was just lying to look cool. And he's the leading contender on the Republican side, by a long shot. It's fucking mind-boggling.
Pretty much every day from election Night 2016 until mid 2020 I was saying 'this is unbelievable.'
Cheesebro
The rat from Wisconsin
Sometimes, the simulation gives a little back with its humor
I cannot not read his name as Cheesebro. I’ve tried.
Why the hell does that one guy has to be named Che(e)sebro? I always take sentences with his name in them as sarcastic.
Imagine if his parents named him “Mack”…
The law firm of Mack and Chesebro. We specialize in circus related injuries.
Chesebro needed to take the deal, his case was fucked after that last dismissal was denied.
One thing that I think people are underestimating is that Willis's team really didn't want to try these two chuckleheads separately and months before everyone else.
Leverage can flow both ways, I'm sure part of the reason they got off easy was because the DA really wanted this trial not to happen.
The court itself really didn't want to try the case. They were on defense about offering a plea.
I will be shocked to hear anything other than a steady litany of
I cannot recallat the trials.From Trump, maybe. From anyone taking a plee deal, you will not. Their deal is only valid as long as they cooperate. They will also have written records regardless. If they don't cooperate, they get the full weight of the law upon them again.
Womp Womp