Fact check: Trump delivers flurry of false and misleading claims as trial nears conclusion

Washington CNN —

Former President Donald Trump has uttered multiple false or misleading claims about his Manhattan criminal trial this week as the trial has neared a conclusion. Here is a fact check of some of the statements Trump has made on social media and to reporters from Tuesday to Thursday morning.

Merchan and the ‘advice of counsel’

After closing arguments Tuesday, Trump posted on social media to repeat his misleading complaint that Judge Juan Merchan has prevented him from employing a certain defense.

Trump wrote on his platform Truth Social: “THE GREATEST CASE I’VE EVER SEEN FOR RELIANCE ON COUNSEL, AND JUDGE MERCHAN WILL NOT, FOR WHATEVER REASON, LET ME USE THAT AS A DEFENSE IN THIS RIGGED TRIAL. ANOTHER TERM, ADVICE OF COUNSEL DEFENSE!” He added in another post on Wednesday morning: “RELIANCE ON COUNSEL (ADVISE OF COUNSEL) NOT ALLOWED BY MERCHAN, A FIRST.”

Facts First: Trump’s claim remains misleading. He didn’t mention, again, that the reason Merchan will not allow Trump’s legal team to invoke “advice of counsel” during the trial is that, when Trump was asked before the trial whether he would be using an “advice of counsel” defense, his lawyerstold Merchan he would not.

An “advice of counsel” defense typically requires the defendant to waive attorney-client privilege. Trump’s lawyers told Merchan before the trial that instead of a “formal” defense of “advice of counsel,” Trump wanted to use a different defense in which he would not waive attorney-client privilege but would still “elicit evidence concerning the presence, involvement and advice of lawyers in relevant events giving rise to the charges in the Indictment.”

Merchan rejected this proposal. He wrote in March: “To allow said defense in