Trump Raises Informal Advice-of-Counsel Defense in Hush Money Trial
ICARO Media Group
Former President Donald Trump has signaled his intention to raise an informal advice-of-counsel defense in his upcoming criminal trial related to hush money payments made to adult-film actress Stephanie Clifford, whose stage name is Stormy Daniels. In a court filing, Trump clarified that his defense is not a "formal" advice-of-counsel defense, meaning that attorney-client communications are not subject to privilege waiver.
The controversial case revolves around allegations that Trump directed his former personal attorney, Michael Cohen, to pay Daniels $130,000 as part of a nondisclosure agreement to prevent her from publicly discussing an alleged affair between her and Trump. Initially, Cohen claimed that he made the payment out of his own pocket and was not reimbursed by Trump or The Trump Organization. However, subsequent investigations revealed that Cohen was indeed reimbursed by Trump and his company, including a $35,000 monthly retainer.
One of the key legal questions surrounding this case is whether the $130,000 payment constituted an unreported campaign contribution, potentially violating campaign finance laws. Federal law requires the disclosure of all campaign contributions and places limits on the amounts individuals can donate. If the payment was intended to influence the election by preventing damaging information from being made public, it could be considered an illegal campaign contribution.
In 2018, Cohen pleaded guilty to multiple charges, including campaign finance violations related to the payments made to Daniels and another woman named Karen McDougal. Cohen claimed in court that he made the payments "in coordination with and at the direction of a candidate for federal office," implying Trump's involvement in the scheme.
Trump admitted to reimbursing Cohen but vehemently denied the alleged affair ever took place. The former president listed the payment to Cohen as "legal fees" in his company records and argued that such agreements were common among celebrities and those of wealth.
Trump's defense team has stated that their argument will be centered around Trump's lack of requisite intent to commit the conduct charged in the indictment. They plan to elicit testimony from witnesses who will speak to Trump's awareness of his counsel's involvement in the alleged conduct. However, they clarify that this is not a formal advice-of-counsel defense.
The case against Trump includes a total of 91 felony charges spread across four indictments. Trump has consistently denied any wrongdoing, claiming that the charges are politically motivated. Meanwhile, the Department of Justice Special Counsel, Jack Smith, has objected to Trump's lawyers' claim that they cannot file documents in his classified documents case in Florida due to clashes with the upcoming hush money trial.
As Trump prepares for his trial, he was granted a 10-day extension to file documents in his Florida case by Judge Aileen Cannon, an appointee of Trump himself. This extension allows him to submit the documents on or before March 24, postponing the original deadline.
The trial, which is bound to be closely watched, is scheduled to commence on March 25. Updates on the case will continue to be monitored.