Former President Donald Trump has informed the court overseeing his upcoming hush money trial that he’ll argue he didn’t commit any wrongdoing because his lawyers were involved in the incident.
Part of his legal team’s defense strategy “will be that President Trump lacked the requisite intent to commit the conduct charged in the Indictment because of his awareness that various lawyers were involved in the underlying conduct giving rise to the charges,” his filing Tuesday in New York criminal court stated.
The argument will not be a “formal advice-of-counsel defense,” the filing noted. Such a defense would require Trump to prove he fully disclosed details about the hush money payment to his lawyers, sought out and received advice that the payment was legal, and then relied on that advice in good faith.
However, the former president does plan to “elicit evidence concerning the presence, involvement and advice of lawyers in relevant events giving rise to the charges,” the filing noted.
Trump, the all-but-confirmed GOP nominee for president, is facing 34 felony charges of falsified business records over allegations he concealed a $130,000 payment from his then-attorney Michael Cohen to adult film performer Stormy Daniels in the days before the 2016 election, which Trump went on to win. Daniels alleges that the payment was intended to keep her quiet about a sexual relationship she had with a married Trump in 2006.
Trump previously indicated to the court he’d invoke the “advice of counsel” defense, to which Judge Juan Merchan told him he’d have to formally notify the court of those plans by this week.
Jury selection in the trial is scheduled to commence on March 25. But Trump, who has pleaded not guilty to all of the charges, asked Merchan to hold off on the trial until the U.S. Supreme Court rules on how far-reaching presidential immunity is in his federal election interference case. The court has not heard that case yet and a ruling isn’t expected for months.
Trump has been charged with 91 felonies across the hush money case and faces three other indictments. Despite this, the GOP is expected to name him as their presidential nominee at the Republican National Convention in July.
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