Republican presidential candidate former President Donald Trump speaks at a campaign rally, March 9, 2024, in Rome Ga.say they will not invoke a formal "advice of counsel" defense when the former president is put on trial later this month for allegedly falsifying business records in New York, but they signaled in a court filing on Tuesday that Trump will argue he did not intend to break the law "because of his awareness that various lawyers were involved.
MORE: After Trump seeks delay in hush money trial, judge tells him to get permission before filing any more motions An advice of counsel defense would require that Trump prove he acted on the advice of lawyers -- including proving he fully disclosed his actions to lawyers, asked for advice, learned his conduct was legal, and acted in good faith -- when he paid adult film star Stormy Danielsthrough his then-attorney, Michael Cohen, just days before the 2016 election. Prosecutors allege that Trump then falsified New York business records to cover up that alleged criminal conduct.
Republican presidential candidate former President Donald Trump speaks at a campaign rally, March 9, 2024, in Rome Ga.According to Tuesday's filing, Trump's defense lawyers want to instead argue that Trump was generally aware that lawyers were involved in the payments and lacked any intent to break the law.
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