• @Nightwingdragon@lemmy.world
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    5911 months ago

    Every day that this man and his allies walk free is a day that proves there are two tiers of justice in this country.

    And if you’re rich, you can do things like walk around as a free man while your appeals all play out while us plebs would be rotting in jail.

    And what about the whole notion of “ignorance of the law is not a defense for violating the law.”? If his argument were to stand, what’s to stop an unscrupulous lawyer from saying “My client was acting under the advice of his legal team” as if it were a get-out-of-jail-free card?

    “I was acting under the advice of counsel” isn’t a free license to do what you want and get away with it. It just means that you got bad advice.

    • @Son_of_dad@lemmy.world
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      3311 months ago

      Yeah check out Alex Jones for another example. The guy is making and spending to the tune of 100k per month, and yet he’s crying poor to the courts and getting away with it.

    • Nougat
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      1111 months ago

      This is fairly old (1961), but Advice of Counsel is a legitimate defense in some cases.

      What’s at issue, especially with Trump, is that if he relies on Advice of Counsel as a defense, it’s elementary to show that many legal advisers told him “No, you can’t do that,” and he chose to listen to the advisers who said he could. IANAL, but it would seem that that personal choice of which counsel to take advice from (“This is what I want to do; I’m going to find a lawyer who tells me I can.”) would make an Advice of Counsel defense void.

      • @Nightwingdragon@lemmy.world
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        711 months ago

        Right, but my point was the “advice of counsel” defense isn’t the get out of jail free card that Trump and Bannon are trying to portray it as. There’s a whole ordeal that has to occur for that defense to be valid. It’s much more than the “Hey, my lawyer said it was OK, so I went with it. We’re good now, right?” argument that they’re trying to make.

        • Nougat
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          411 months ago

          Oh, I wasn’t trying to argue your point. I was adding to it.

    • @Telorand@reddthat.com
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      511 months ago

      That’s actually the defense they’re trying to use in Trump’s NY civil fraud case, and you can use “advice of council” as a viable defense if you can prove:

      • The lawyer(s) in question did indeed provide you bad advice (putting the lawyers in jeopardy of committing a crime)
      • The other evidence doesn’t point to you as having criminal intent.
      • @Nightwingdragon@lemmy.world
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        11 months ago

        Right. And it works if you can prove you had good faith reasons to believe the advice you were given was sound and otherwise had no criminal intent. But Trump isn’t arguing that. Neither is Bannon. Both are using “advice of counsel” as if it were a do-whatever-you-want certificate.

        If Trump or Bannon’s arguments were allowed to stand, it would usher in a whole new breed of unscrupulous lawyers willing to help their clients get away with crimes by just saying “My client was acting under the advice of counsel”. Imagine what someone like Trump and his team of crony lawyers would be getting away with if they were allowed to make that argument.

        • @Telorand@reddthat.com
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          411 months ago

          It’s laughable on its face, but it’s scary that it’s not out of the realm of possibility if people like them ever come close to the levers of power again.

          The fact that I can’t dismiss that possibility out of hand is terrifying.

    • When the bottom tier no longer believes the foundation is working, they’ll start to work against it. When it collapses, the top tier will fall.

      No one wants this outside of a fringe set of people. But it may have to happen.