Following a request to Donald Trump from Judge Tanya Chutkan over whether he will use the "advice of counsel" defense in his Washington D.C. trial related to the Jan. 6 insurrection, one former prosecutor claimed it won't fly and the former president will have painted himself into a corner if he attempts it.
Speaking with MSNBC host Katie Phang, former federal prosecutor Glenn Kirschner claimed the judge is putting the former president and his legal team in a difficult position.
"Here is the problem, Katie," he began. "One of Donald Trump's lead attorneys, Rudy Giuliani was investigated by [special counsel] Jack Smith to see if he was intoxicated during the time he was giving legal advice to Donald Trump on and around January 6th. Guess what? There is no advice of drunk counsel defense."
"But even worse, Donald Trump, in an interview with, I believe, [NBC's] Kristen Welker said, 'You know what? I did not really rely on my lawyers. I relied on my own instincts.' Guess what? There is no reliance on your own instincts' defense."
"I hope he goes with that one because his instincts are often corrupt if not criminal," he quipped before continuing, "But here's the most dramatic problem for Trump: his counsel, his lawyers like Rudy Giuliani, and Sidney Powell, and Kenneth Chesebro and John Eastman are his charged co-conspirators and co-defendants in the Georgia RICO case and, the one thing I can tell our viewers is there is no such thing as an advice of co-conspirator defense."
"Donald Trump has nowhere to turn on this one," he pronounced.
Watch below or at the link.
MSNBC 11 11 2023 08 27 57youtu.be
