Trump’s third defense is that he relied on the advice of counsel and thus lacked the requisite intent to violate the law. That advice might have been incorrect–even outrageously bad at times–but he followed it in good faith. There is no doubt that some of his attorneys did, in fact, suggest some of the tactics that he used to try to overturn the election results. Does that mean he will prevail with this defense?
Smith has anticipated this argument and headed it off by listing these attorneys as unindicted co-conspirators. Trump will need their testimony at trial to make his case, but if they will be putting themselves in legal peril if they appear. Their counsel will undoubtedly advise them not to appear voluntarily, and to take the Fifth Amendment if they are subpoenaed. That would damage, not help, Trump’s case.
Will Eastman, Giuliani, and the rest be willing to take the risk? We’ll see.