When it comes hush money trialformer president Donald Trump various attorneys intend to argue that he did not think he did anything wrong because he participated in the underlying conduct that gave rise to the charges against him.
Part of his defense will be that he “lacked the requisite intent to engage in the conduct charged in the indictment,” Trump’s lawyers said in a New York criminal filing announced Tuesday.
“President Trump intends to learn these facts from witnesses … as we expect, President Trump will testify about the attorney’s knowledge of the alleged conduct.” This is not a formal advice defense”, – the lawyers wrote.
It is not a foregone conclusion that the judge overseeing the case would allow Trump to present evidence of his lawyers’ involvement without expressly seeking counsel.
The former president faces 34 charges related to allegations that his then-lawyer Michael Cohen covered up a $130,000 payment he made to adult film star Stormi Daniels in the final days of the 2016 presidential campaign. The payment was intended to keep Daniels quiet about her 2006 sexual relationship with Trump. Although Trump has denied sleeping with Daniels, he has admitted paying Cohen.
Prosecutors in the Manhattan district attorney’s office said Trump falsified documents related to payments to Cohen. Trump pleaded not guilty to the charges brought against him. Jury selection in the trial is scheduled to begin on March 25.
Trump has said he plans to use the “advice of counsel” defense, and Judge Juan Merchan told his lawyers to notify the DA’s office by this week if he intends to take that approach. The DA’s office had requested advance notice, arguing they would be entitled to more information about Trump’s communications with his lawyers.
In a filing Tuesday, Trump’s attorneys said they would ask Cohen and other people involved in Daniels’ discussions about whether the former president was “aware of the attorney’s involvement.” But, they added, they won’t be using formal advice of a defense attorney, so they don’t need to present more evidence to Manhattan District Attorney Alvin Bragg’s office.
“While President Trump intends to obtain evidence of counsel’s involvement, participation, and advice in the relevant events underlying the charges in the Indictment, official counsel does not intend to assert a defense,” Trump’s attorneys wrote.
In a court filing released Monday, Trump’s lawyers asked Merchan to delay the trial until the U.S. Supreme Court rules on the scope of the president’s immunity in the federal election interference case in Washington. demand in the coming days.