The advice-of-counsel defense allows a defendant to show that there was no wrongful intent underlying his unlawful actions. The defense should demonstrate that the defendant lacked the mens rea needed to commit the offense. The prevailing theories about WHY Trump took and retained the national defense information, violating the Espionage Act. Jack Smith indicates he intends to prove Trump's motive for taking and retaining national defense information in the Florida case even though proving motive is not necessary. In the courtroom—as compared with on television or in social media—he has never had the ability to offer that defense.

Source: Washington Post October 22, 2023 14:30 UTC