AP

Trump Invokes ‘Advice Of Counsel’ Defense In Campaign Probe

Dec 13, 2018, 3:28 PM | Updated: Jun 8, 2022, 5:16 pm
President Donald Trump. Photo by Mark Wilson/Getty Images

NEW YORK (AP) — President Donald Trump is invoking something called the “advice-of-counsel” defense in response to accusations he directed his lawyer Michael Cohen to orchestrate hush-money payments to conceal Trump’s alleged affairs.

He says he was following terrible advice from a bad lawyer.

Legal experts say the advice-of-counsel defense is a real thing, but Trump’s use of it if he were ever charged with a crime could be risky.

Courts have held that the defense applies when a person has gone to a lawyer to ask about whether something is legal, has disclosed all material facts, and has then relied in good faith on the attorney’s advice that no laws were being broken.

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Trump Invokes ‘Advice Of Counsel’ Defense In Campaign Probe