Judge orders Trump to say if he will use 'advice-of-counsel defense'

U.S. District Court Judge Tanya Chutkan on Wednesday ruled that former President Donald Trump must say if he will use his attorneys' advice as a defense in his upcoming election subversion trial.

In her 3-page order, Chutkan noted that Trump would have to waive executive privilege if he decided to rely on an advice-of-counsel defense.

Chutkan said that Trump's motion to delay the disclosure failed to cite any precedent.

ALSO READ: Revealed: Bomb-loving neo-Nazi is now menacing childrenThe judge granted the motion in part but denied the effort to delay the trial.

"As he has consented to do, Defendant shall provide formal notice whether he intends to assert an advice-of-counsel defense by January 15, 2024," Chutkan wrote. "If Defendant does provide affirmative notice of that intent, he must also provide the required discovery to the government at that time: 'any communications or evidence [Defendant] intend[s] to use to establish the defense,' and 'otherwise-privileged communications that [Defendant does] not intend to use at trial, but that are relevant to proving or undermining the advice-of-counsel defense . . . in their entirety.'"