Jack Smith wants to start 2024 with a bang
Regarding the advice of counsel defense:
1. Obviously, several of the lawyers on whom Trump would claim to have relied have been indicted as coconspirators. Who decides whether or not, say, John Eastman is in fact a criminal coconspirator? Is that something the judge decides before trial or is it a matter for the jury? What stops the government from just indicting the lawyer (or naming ther lawyer as a cocnspirator) as a strategy to avoid this defense?
2. In a scenario where a defendant has mutiple lawyers and wants to rely on only some of them for an avice of counsel defense, does the government get to question the others - i.e., those who told him "you can't do that it is a crime"?