Judge Eileen Cannon rejected without prejudice Special Counsel Jack Smith's request to force Trump to disclose his defense strategy in the Florida classified documents case.
In November, Jack Smith tried to force Trump to reveal his decision on whether to use the “advice” defense in the classified documents case.
This could have forced Trump to waive attorney-client privilege.
Fortunately, Judge Eileen Cannon, a Trump appointee, denied Jack Smith's request.
“Deny without prejudice to Special Counsel's motion to compel disclosure with respect to defense advice. The court has reviewed the motion, Defendants' dissent, Special Counsel's response, and full counsel have been rendered on the premises. Assuming that the facts and circumstances in this case warrant issuance of an order to compel defense counsel.” For legal advice, the Court determines that such a request is not adequately adjudicated at this stage, before at least a partial resolution of the pretrial motions is reached, the list of evidence and witnesses provided by the Special Counsel is sent to the defendants, and such other disclosures as may become necessary. “The special counsel’s motion is therefore denied without prejudice,” Judge Cannon wrote on Friday.
Meanwhile in Florida: Judge Eileen Cannon, the exact opposite of Judge Chutkan in the D.C. case, denied another motion by Jack Smith.
He wanted to force Trump to reveal whether he intended to use the “advice of counsel” defense in the secret documents trial. Not so fast, said Cannon. pic.twitter.com/9sphnDFzyt
– Julie Kelly (@julie_kelly2) January 13, 2024
In October, Jack Smith filed the same motion asking Trump to state his defense strategy in the January 6 case in DC.
“The defendant has given public notice that he intends to rely on the defense’s advice at trial,” Smith wrote on October 10. “When a defendant invokes such a defense in court, he waives attorney-client privilege for all communications with respect to such defense, and the government is entitled to additional discovery and may conduct further investigation, both of which may require further litigation and briefing.”
An Obama-appointed judge, Tanya Chutkan, partially granted a request by prosecutors in the Jack Smith case, ordering Trump to say whether he would use “advice of counsel” to defend the Jan. 6 case.
Chutkan partially agreed with Smith's proposal.
“Accordingly, the government’s motion for formal pretrial notice of defendant’s intent to rely on the advice of defense counsel, ECF No. 98, is granted in part and denied in part,” Chutkan wrote in a 3-page order.
Trump may have to waive attorney-client privilege if Judge Chutkan allows jurors to consider whether Trump's “reliance on his attorney raises doubts about criminal intent.”
