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re: Our President's attorney's allege illegal conduct by Robert Mueller
Posted on 12/17/17 at 11:34 am to udtiger
Posted on 12/17/17 at 11:34 am to udtiger
quote:All of the equipment that the GSA had was GSA owned equipment.
Don't be so sure. If all that was used was a web address (and server) but the equipment was theirs (they ran the transition from Trump Tower as I recall), they may have an argument.
quote:The letter only said "susceptible" to privilege. Trump has never invoked executive privilege, and I don't think that can be used to conceal criminal behavior.
Regardless, it does not address the privilege issues, and the ethical obligations, which are the main point here.
3
Posted on 12/17/17 at 11:38 am to mmcgrath
quote:
Trump has never invoked executive privilege, and I don't think that can be used to conceal criminal behavior.
You don't invoke attorney/client privilege. That is the privelege being discussed. If Mueller received actually privileged materials he has a duty to return them. And to not read them. Mueller is dirty. You don't care though because you like his politics.
This post was edited on 12/17/17 at 12:00 pm
Posted on 12/17/17 at 11:41 am to mmcgrath
quote:
The letter only said "susceptible" to privilege. Trump has never invoked executive privilege, and I don't think that can be used to conceal criminal behavior.
They can't assert executive privilege over transition documents. If that were possible that would be Obama's call. He was the executive at the time of the transition.
If they did successfully assert executive privilege, it would turn 50+ years of statute and case law on its head overnight, and it would be an own goal since that would render all documents immediately open to the mega-FOIA action the ACLU launched on 1/21.
Posted on 12/17/17 at 11:56 am to mmcgrath
quote:
The letter only said "susceptible" to privilege. Trump has never invoked executive privilege, and I don't think that can be used to conceal criminal behavior.
They weren't talking about executive privelege you idiot, they were talking about attorney client privelege and that automatically applies no matter who's server the material was stored on.
For example, say you email your lawyer and tell him you killed someone. Then say you are arrested and the police search your emails, and let's say you use GMail, and let's say they get a subpoena and GMail hands over your emails that are on their server. The police can NOT use that email against you because you you have attorney client privilege built in. Now, in order for that to apply the lawyer has to be "your" lawyer, meaning hired specifically for that matter, or on retainer .
If during the course of reviewing these emails Mueller and his team find any that are covered by such, they can NOT use them or the information in them for anything. Not only can it not be used as evidence to prosecute anyone, it can't even be used to further develop other evidence. It is completely off limits.
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