Smith in a filing last month noted that several Trump lawyers have said in media interviews that Trump was acting on the advice of his lawyers.
Chutkan gave Trump until January 15 to disclose whether he plans to use the defense after Smith’s team requested notification by December 18.
“If Trump plans to use advice of counsel defense at trial in election interference case, he waives attorney-client privilege and must turn over documents to prosecution.
The judge’s order “puts Trump in a box on one of his main defenses,” tweeted CNN legal analyst Norm Eisen.
“She's requiring that he disclose private communications” with the attorneys, Eisen explained, “or else he can’t advance the defense.
The order means “Trump has to put up or shut up on this well in advance,” wrote former U.S. Attorney Harry Litman.
“Among other things, because you can't rely on the advice of your co-conspirators, even if they're lawyers,” she wrote. »