That the significant cooperation under discussion involves four of Trumpās attorneys underscores the reality that the former presidentās 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 courtroomāas compared with on television or in social mediaāhe has never had the ability to offer that defense.
In court, the advice of counsel āaffirmative defenseā requires a defendant to prove two things: First, that he relied in good faith on his lawyerās 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 eventāeffective 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.
Doncha know, heās only pretending to be mentally deficient to own dem libs.
There actually was a New York Mafia boss who avoided jail for years by wandering around the neighborhood in pajamas and pretending to be crazy.
Heās the Laurence Olivier and Charles Laughton of pretend morons then, the Barrymore and Bogart of befuddlement, because Iāve seen a LOT of idiots, yet none played as convincingly as Trump.
Unfortunately heās not an idiot, heās a malignant narcissist, with diagnosable narcissistic personality disorder. Heās quite adept at keeping attention on himself and deflecting negative narratives, which is what his entire personality has been cultivated around.
Heās also an idiot.