Donald Trump can't yet be forced to disclose if he plans to rely on a defense that would shift blame to his lawyers, Judge Cannon ruled on Friday.
Special Counsel Jack Smith tried to force the former president to disclose his reliance on the defense, a move legal experts said would force Trump into a trap in which he gives up information that would otherwise be protected by attorney-client privilege.
But Cannon shut down that request, according to Katie Phang, a legal analyst for MSNBC.
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"Judge Cannon enters an ORDER denying, without prejudice, Special Counsel's Motion to Compel Disclosure Regarding Advice-of-Counsel Defense," Phang wrote. "Cannon basically says that it's too early in the litigation to consider forcing Donald Trump to have to disclose this information."
From the order, according to Phang:
"Assuming the facts and circumstances in this case warrant an order compelling disclosure of an advice-of-counsel trial defense the Court determines that such a request is not amenable to proper consideration at this juncture, prior to at least partial resolution of pre-trial motions, transmission to Defendants of the Special Counsel's exhibit and witness lists, and other disclosures as may become necessary."
