Smith Seeks Trump Declaration on Using 'Advice of Counsel' Defense in Special Counsel Probe

Special Counsel Jack Smith asks court to force Trump to formally declare if he plans to use "advice of counsel" defense at trial.

That strategy would waive attorney-client privilege and allow prosecutors to access more evidence.

Trump lawyers have repeatedly talked about that strategy in media interviews since indictment.

Adopting that defense means Trump has to show he relied in good faith on advice that conduct was legal.

Prosecutors want declaration from Trump by Dec. 18 so they can prepare and avoid trial delays.