Judge Orders Trump to Reveal Whether He Will Use Advice-of-Counsel Defense

Defendants do not have to reveal this strategy in advance, but Judge Tanya Chutkan states her order would prevent delaying the trial.

Former President Donald Trump prepares to testify during his trial in New York State Supreme Court in New York on Nov. 6, 2023. David Dee Delgado/Getty Images

U.S. District Court Judge Tanya Chutkan ordered former President Donald Trump on Nov. 8 to disclose whether he plans to use an advice-of-counsel defense in one of two criminal cases prosecuted by special counsel Jack Smith.

President Trump has been accused of interfering with the 2020 elections and has pleaded not guilty on four counts.