The Special Counsel’s office is not hitting a Happy Hour on Friday night, as they’re also filing notice in federal court in Florida that they want evidence of the bad lawyer’s advice he’s been talking about and he’s likely to use as a defense in his upcoming case. So Smith et al is asking for that bad advice Trump is relying on, throwing attorney-client privilege in doubt, and smartly, heading off future motions/delays.  (Why anyone would want to be a Trump lawyer is unknown because you have to know you’re the one he’s going to throw under the bus.  After Eric, I mean.)

The Government moves for pretrial notice of defendant Donald J. Trump’s intent to assert an advice-of-counsel defense and disclosure of any discovery related to it.  Defendant Trump (hereinafter “defendant”) has claimed publicly that he believes that the law allows him to “do what I want” with classified documents and further that he was “told” legal precedent did not require him to return them.  The Government is not aware of any valid basis for an advice-of-counsel defense, but, if asserted at trial, it would require inquiry into any attorney communications on which it is based, and, under precedent in this District, would require disclosure of any such attorney-client communications. Accordingly, in order to prevent disruption of the trial, the Government requests an order requiring advance notice of any advice-of-counsel defense and timely production of any associated discovery so that any legal issues can be fully resolved well in advance of trial. In filing this motion, the Government does not concede the appropriateness or viability of an advice-of-counsel defense, or that a jury instruction will be warranted.