And it’s based on his “advice of counsel” defense

  • khepri@lemmy.world
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    1 year ago

    Yeah, it’s much more like a “damned if you do, damned if you don’t” thing than a trap. Or a “backed yourself in to a corner” you might say, or, “completely fucked yourself and the prosecutor knows it and is going to use it”. But it’s only setting a trap in the sense that any airtight prosecution tactic based on rules and evidence that leaves the defendant no way out could be called a ‘trap’

    • stringere@lemmy.world
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      1 year ago

      I’d put just a bit more distance in there. Trap, to me, implies bait or deception being used to lure something or someone into a place or situation of your design.

      Jack Smith did not design the situation that the defense team placed themselves in. I am reasonable sure he’s overjoyed that they did.

      The OP article does make a good case for exactly how that defense will fail in multiple ways, from a legal standpoint.