Judge Aileen Cannon has rejected Special Counsel Jack Smith’s attempt to compel Donald Trump to disclose his reliance on a defense strategy that would shift blame to his lawyers.
The ruling, issued on Friday, states that it is premature in the litigation process to force Trump to reveal such information. Smith’s motion to compel disclosure regarding the advice-of-counsel defense was denied without prejudice by Judge Cannon, according to MSNBC legal analyst Katie Phang.
“Judge Cannon enters an ORDER denying, without prejudice, Special Counsel’s Motion to Compel Disclosure Regarding Advice-of-Counsel Defense,” Phang reported on X. “Cannon basically says that it’s too early in the litigation to consider forcing Donald Trump to have to disclose this information.”
The judge emphasized the need for a more advanced stage in the legal proceedings before considering such requests, citing the importance of partial resolution of pre-trial motions and other necessary disclosures.
“Assuming the facts and circumstances in this case warrant an order compelling disclosure of an advice-of-counsel trial defense the Court determines that such a request is not amenable to proper consideration at this juncture, prior to at least partial resolution of pre-trial motions, transmission to Defendants of the Special Counsel’s exhibit and witness lists, and other disclosures as may become necessary,” the judge wrote in her decision, according to Phang.
