One quick update to the week ahead. Trump’s Monday deadline for disclosing whether he intends to use an advice of counsel defense in the Special Counsel’s January 6 prosecution is stayed while the immunity appeal proceeds. So Jack Smith will have to wait, hopefully not too much longer, before he learns how Trump intends to proceed.
My apologies for letting that detail slip. But the analysis stays the same and helps us understand why Trump is not eager to have to disclose whether he intends to claim he relied on the advice of counsel as a defense in any of his prosecutions. No defendant wants to disclose his communications with his lawyers to prosecutors, and Trump perhaps less than most.
The permanent online version of the newsletter is updated to reflect this correction, and again, my apologies!
Joyce
And I hope the three-judge DCC panel issues their unanimous no-immunity opinion early in the week.
With so many balls in the air, I don't know how you keep them going around and off the gound. Stay warm, Joyce.