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re: Our Presidents morning tweets this morning!

Posted on 4/10/18 at 7:11 am to
Posted by LSU alum wannabe
Katy, TX
Member since Jan 2004
27058 posts
Posted on 4/10/18 at 7:11 am to
quote:

quote:
Are you that fricking stupid? I guess someone had better tell all those criminal defense attorneys they’d better get ready to get raided, you dipshit.


Jesus this is some bad law. There is a difference between a communication where a client says he previously broke the law and a communication that is part of breaking the law.





Does privilege cover when the attorney is the one breaking the law? Allegedly?
Posted by CorporateTiger
Member since Aug 2014
10700 posts
Posted on 4/10/18 at 7:49 am to
quote:

Does privilege cover when the attorney is the one breaking the law? Allegedly?



Option 1, Cohen did this on his own without Trump’s knowledge. In that case, Cohen is not acting as Trump’s attorney, this no privilege (and likely no crime by Trump).

Option 2, Trump told Cohen to pay off Stormy. If this payment then is a violation of the law A/C privilege may not apply. For instance a gangster can’t cc his attorney whenever he puts out a hit and shield those emails under under A/C privilege.

Option 3, Trump said SOMETHING about Stormy to Cohen, but didn’t say anything that could be connected to violating the law. In that A/C privilege likely applies.

Option 4-98998$ something way stranger than any of us expect.

Note there are some more subtleties/issues here but that is the brief 8000 ft view of how this works.
This post was edited on 4/10/18 at 7:51 am
Posted by TBoy
Kalamazoo
Member since Dec 2007
24014 posts
Posted on 4/10/18 at 7:57 am to
quote:

Does privilege cover when the attorney is the one breaking the law? Allegedly?


Good question. The answer is No, attorney client privilege does not shield attorneys who are personally involved in criminal activity.
This post was edited on 4/10/18 at 7:58 am
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