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.

FILE - New York Attorney General Letitia James speaks Feb. 16, 2024, in New York. Donald Trump coul...

Philp Marcelo, Associated Press

New York man pleads guilty to sending threats to state attorney general and Trump civil case judge

A New York man has pleaded guilty to sending death threats to the state attorney general and the Manhattan judge that presided over former President Donald Trump’s civil fraud suit.

3 hours ago

FILE: Recording Artist Dickey Betts at the press confrence for the Gibson Custom Southern Rock trib...

Steven Wine and Russ Bynum

Allman Brothers Band co-founder and legendary guitarist Dickey Betts dies at 80

Guitar legend and Allman Brothers Band co-founder Dickey Betts has died at age 80. The Rock & Roll Hall of Famer wrote the band's biggest hit, “Ramblin’ Man.”

4 hours ago

NEW YORK, NEW YORK - APRIL 18: Former U.S. President Donald Trump sits in the courtroom during his ...

Michael R. Sisak, Jennifer Peltz, Eric Tucker and Jake Offenhartz

2 jurors dismissed from Trump hush money trial as prosecutors seek to hold ex-president in contempt

A second juror was dismissed in Trump's hush money case after prosecutors raise concerns about the accuracy of his answers.

6 hours ago

In this image from video from Senate Television, Sen. Patty Murray, D-Wash., presiding over the Sen...

Mary Clare Jalonick, The Associated Press

Senate dismisses two articles of impeachment against Homeland Security secretary, ends trial

The Senate has dismissed all impeachment charges against Homeland Security Secretary Alejandro Mayorkas, ending the House Republican push to remove the Cabinet secretary from office over his handling of the the U.S.-Mexico border and ending his trial before arguments even began.

1 day ago

FILE -A Ford Bronco is displayed at a Gus Machado Ford dealership on Jan. 23, 2023, in Hialeah, Fl...

Wyatt Grantham-Phillips

Ford recalls over 456,000 Bronco Sport and Maverick cars due to loss of drive power risk

Ford is recalling more than 456,000 Bronco Sport and Maverick vehicles due to a battery detection issue that can result in loss of drive power, increasing crash risks.

1 day ago