Jack Smith moves to short-circuit Trump trial delays using 'advice of counsel' defense

Special Counsel Jack Smith has asked U.S. District Judge Tanya Chutkan to order Donald Trump to reveal whether he will use bad legal advice as a defense in the election subversion case against him.

In a motion filed on Tuesday, Smith noted that Trump has publicly suggested he would rely on "an advice-of-counsel defense," which would entitle the prosecution to additional discovery and could delay the trial.

"To prevent disruption of the pretrial schedule and delay of the trial, the Court should exercise its inherent authority to require the defendant to provide notice in court of his intent to assert such a defense by the date exhibit lists are due, December 18, 2023," the motion stated.

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Smith said he did not concede that Trump was entitled to an advice-of-counsel defense but that the order would "promote efficiency."

"Given his extensive public statements, the defendant cannot complain that formal notice will prematurely or unfairly reveal a hidden trial strategy," the motion added.

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