Analysis: Former attorney general William P. Barr and a former top aide to former vice president Mike Pence both offered a contrasting spin on former president Donald Trump's “advice of counsel” defense Wednesday.
The indictment later returns to this point, noting that Trump promoted one of Powell’s lawsuits despite having derided her as “crazy.”
“I’m not even sure you would characterize what Eastman said as ‘advice,’” Barr said. He added that “some of what he was saying essentially was, ‘Well, you know, it’s unclear here, and you can make this argument. I’m not saying the courts would accept it,’ and so forth. And you act on that, it’s your own hazard.”
“Did you hear that?” Pence said to Trump, according to the indictment. “Even your own counsel is not saying I have that authority.”To be clear, Trump was allegedly referring to the more drastic idea. So the indictment is saying he effectively shrugged off Eastman’s advice that the less drastic idea might not work and said he preferred the more extreme one.The indictment says a senior adviser that same day informed Trump that Co-Conspirator 2 had conceded that his plan was “not going to work.
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