Chutkan partially granted a motion from special counsel Jack Smith’s team asking her to require Trump to declare whether he plans to use the advice-of-counsel defense, in which a defendant argues that he relied in good faith on the advice of his attorneys.

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.

“When a defendant invokes such a defense in court,” Smith’s office argued, “he waives attorney-client privilege for all communications concerning that defense, and the government is entitled to additional discovery and may conduct further investigation, both of which may require further litigation and briefing.”