Judge denies defense language related to 'advice of counsel'
Judge Merchan flatly told the defense that former President Trump could not make an advice-of-counsel argument.
The judge said the defense was being "disingenuous" by raising it now when Trump was given a deadline months ago to say whether he would invoke the defense that, in his conduct, he was relying on the advice of lawyers.
"It was concerning when notice was not given initially. It was concerning when the term was changed to 'presence of counsel.' I couldn't believe when I saw in your submission, 'involvement of counsel,'" Merchan told the defense regarding their efforts to advance that argument.
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"My ruling is the jury will not hear that instruction from the bench, nor are you permitted to make that argument, period," Merchan said.
"I am not being disingenuous with Your Honor," defense attorney Emil Bove said before he attempted to argue in favor of the defense.
"You said that already, Mr. Bove," Merchan said. "This is an argument you have been advancing for many many months. ... It is denied. It is not going to happen."
Trump, at the defense table, scribbled a note and passed it to defense attorney Todd Blanche.