In a New York state civil fraud trial, former President Donald Trump showcased his trademark combative demeanor, engaging in a verbal clash with Justice Arthur Engoron and raising questions about the judge’s impartiality. During the proceedings, Justice Engoron implored Trump’s attorney, Christopher Kise, to restrain his client, emphasizing, “Mr. Kise, can you control your client? This is not a political rally; this is a courtroom.”
Trump’s aggressive political rhetoric also looms as a contentious issue in a separate case in Washington, where U.S. District Judge Tanya Chutkan cautioned Trump’s legal team against introducing campaign-related matters into the courtroom.
Legal experts are speculating that Trump might not have the opportunity to argue before a jury that his conduct was protected by the First Amendment, as typically, judges address such legal questions. However, if convicted, this argument could serve as the foundation for an appeal.
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While Trump frequently resorts to free speech defenses to justify his statements, his legal team is considering an alternative strategy: the advice-of-counsel defense, asserting that he acted in good faith based on legal advice. Nevertheless, this tactic carries inherent risks, potentially resulting in the divulgence of privileged attorney-client communications and implicating other lawyers involved in the case.
