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re: Going forward, how can there be effective criminal representation......

Posted on 4/11/18 at 5:33 pm to
Posted by therick711
South
Member since Jan 2008
26098 posts
Posted on 4/11/18 at 5:33 pm to
quote:

I talked to my attorney today. Any tax questions I have will now be by telephone. To prevent my inquired from potentially being twisted into a pattern of trying to defraud the IRS.


So instead of the FBI violating your privilege by directly seizing physical material, the NSA will violate it by capturing all of the information from the call and recording the call itself.
Posted by Iowa Golfer
Heaven
Member since Dec 2013
10605 posts
Posted on 4/11/18 at 5:38 pm to
They probably are already. I get fairly detailed and graphic in my description of them on a regular basis. I hope they're entertained by my recorded calls.
Posted by therick711
South
Member since Jan 2008
26098 posts
Posted on 4/11/18 at 5:39 pm to
The other issue beyond the NSA is the tapped wire.
Posted by Scoop
RIP Scoop
Member since Sep 2005
44583 posts
Posted on 4/11/18 at 5:40 pm to
quote:

Is anybody surprised by the fact that the ACLU has already made a statement of approval for the FBI's seizure of Cohen's materials related to representing Trump?

I'm not!


That would be shameful if they had any shame.
Posted by Iowa Golfer
Heaven
Member since Dec 2013
10605 posts
Posted on 4/11/18 at 5:40 pm to
Government has been known to tapp wires.

Bad (or sick) people.
Posted by themunch
bottom of the list
Member since Jan 2007
71326 posts
Posted on 4/11/18 at 5:44 pm to
quote:

a special magistrate





They had no charges against the attorney, only speculation for probable cause to search and seize.

A fine fishing expedition was had by all.
This post was edited on 4/11/18 at 5:47 pm
Posted by BlackHelicopterPilot
Top secret lab
Member since Feb 2004
52841 posts
Posted on 4/11/18 at 5:49 pm to


We are discussing a hypothetical of OUR attorney. So, we don’t have information about the charges
Posted by themunch
bottom of the list
Member since Jan 2007
71326 posts
Posted on 4/11/18 at 5:50 pm to
Carry on


Although, I do not see any difference it what was done and what the precedent sets into motion in future cases of going after your attorney or mine.
This post was edited on 4/11/18 at 5:53 pm
Posted by BlackHelicopterPilot
Top secret lab
Member since Feb 2004
52841 posts
Posted on 4/11/18 at 5:51 pm to
Posted by More&Les
Member since Nov 2012
14684 posts
Posted on 4/11/18 at 5:51 pm to
quote:

I posted in the original thread it is frickery and I loathe these asshats for it.


I simply do not think we need fear speaking candidly with our attorneys. I’m not that far down the tinfoil lined rabbit hole.


Trump's every file and conversation with his private attorney going back decades is now in the hands of the people who are openly conducting a witch hunt, that is a dagger to the heart of our justice system.
This post was edited on 4/11/18 at 5:52 pm
Posted by thebigmuffaletta
Member since Aug 2017
15431 posts
Posted on 4/11/18 at 5:54 pm to
Frick the telephone. Walk out into the street and talk like a mafioso does.
Posted by Dale51
Member since Oct 2016
32378 posts
Posted on 4/11/18 at 5:57 pm to



quote:

Is anybody surprised by the fact that the ACLU has already made a statement of approval for the FBI's seizure of Cohen's materials related to representing Trump?

I'm not!




Neither am I.

quote:

Now contrast that depiction with ACLU founder Roger Baldwin's candid vision:

I am for socialism, disarmament, and, ultimately, for abolishing the state itself... I seek the social ownership of property, the abolition of the propertied class, and the sole control of those who produce wealth. Communism is the goal.
Posted by NC_Tigah
Make Orwell Fiction Again
Member since Sep 2003
135504 posts
Posted on 4/11/18 at 6:10 pm to
quote:

It's not detailed in an email. As an example, an email asking can I depreciate intellectual property twice
Wow.
I misunderstood.

I have never corresponded with a lawyer as a client via email, ever.

I'm not sure if lawyers I've dealt with would even do that. Far too much risk of complete a-c privilege breech should someone else access those notes, or should the emails inadvertently find their way to the wrong recipients. Same aversion lawyers have to clients recording meetings.
This post was edited on 4/11/18 at 6:12 pm
Posted by CorporateTiger
Member since Aug 2014
10700 posts
Posted on 4/11/18 at 6:17 pm to
Serious question, is it actually a surprise to everyone that law enforcement can seize potentially A/C privileged files? It shouldn’t be.
Posted by Wednesday
Member since Aug 2017
16976 posts
Posted on 4/11/18 at 6:25 pm to
Lawyers primarily communicate by email. Just like all other business communication. Further, all federal pleadings (and most states) are submitted electronically. Many legal invoices are submitted electronically. Lawyers are ethically obligated to hold on to it as well. There is no way to practice law without an email address.

I would have a heart attack if the FBI raided my office and tried to seize my emails, especially if they were really after my clients with whom I’m duty bound not to provide it. It leaves the attorney and his client in an impossible situation.

I agree with the above. This is a horrible precedent. It is chilling and terrifying. There was no emergency. Breaking a campaign finance rule (if that even happewd) is not a life or death situation. There is no reason that they couldn’t have just asked him to provide whatever info they were looking for (even via subpoena) and let Cohen sort thru it and remove the privileged info. If the President’s lawyer can’t even stop this - it interferes with every American’s right to an attorney.
Posted by CorporateTiger
Member since Aug 2014
10700 posts
Posted on 4/11/18 at 6:29 pm to
quote:

There is no reason that they couldn’t have just asked him to provide whatever info they were looking for (even via subpoena) and let Cohen sort thru it and remove the privileged info


You mean the special treatment given only to HRC? Taking the files and having a magistrate or LEO clean team sort them is *much* more typical.
Posted by rbWarEagle
Member since Nov 2009
49999 posts
Posted on 4/11/18 at 6:32 pm to
quote:

To be fair....IF your attorney is involved in "bad shite" and his records are seized....a special magistrate will likely review the docs and your communications will not be able to be used against you (unless you are both conspiring criminally).


So, I do not believe you need fear being candid with your own attorney.



Bingo. That's why the "ACLU is not up in arms about this".
Posted by SCLibertarian
Conway, South Carolina
Member since Aug 2013
40899 posts
Posted on 4/11/18 at 6:34 pm to
quote:

Wednesday

What's even more disheartening is you have the board's progressives cheerleading this because of their hatred for the President. Seriously, how can you claim to be the defenders of the poor and downtrodden when this kind of police state tactic is disproportionately used against those very people? And if the President's lawyer can't stop this, you think a federal public defender or private attorney representing your average criminal defendant will able to stop this?
This post was edited on 4/11/18 at 6:36 pm
Posted by Iowa Golfer
Heaven
Member since Dec 2013
10605 posts
Posted on 4/11/18 at 6:36 pm to
That's the rub. To answer another question, I'm not surprised by this. But this is for apparently a campaign contribution, some recorded about a video tape, possibly some tax and financial stuff. Served on an attorney, which happen to be the sitting POTUS' personal attorney. Who happens to be under investigation by the referring prosecutor.

Now we already have potentially 302 altering. AS reported by Sarah Carter, who might be a Republican advocate, but whose reporting hasn't been incorrect once.

If they can alter a 302, what's stopping them from looking at privileged communication, not suing it, but using the information they saw to try to find probable cause in another area?

What's stopping them from arguing first in front of a gran jury that my emails show a pattern of wrongful, discriminatory firing, or tax evasion? And then later arguing to a jury, if I even have the up to $1MM to attempt to defend a wrongful prosecution.

This is serious stuff. We talk about proportionality. Show me another situation where the FBI kicked in the door (of the POTUS attorney), based on reasonable cause, for a campaign contribution and video tape?

I haven't been this angry since Lois Lerner.

There isn't one attorney that can say clients don't email about tax strategy that happens to be illegal at worst, or open to interpretation at best.

And silence. Based largely on the fact a lot of people hate Donald Trump. Some, who complained about the entire William Jefferson Clinton situation, which this surpasses exponentially.

Anyone who is in business, and consults regularly with an attorney should be concerned.

Now they're not coming after me in all likelihood. But they could. That's the point. And they shouldn't be able to.
Posted by brian_wilson
Member since Oct 2016
3581 posts
Posted on 4/11/18 at 6:37 pm to
quote:

I simply do not think we need fear speaking candidly with our attorneys. I’m not that far down the tinfoil lined rabbit hole.


Pretty much this. This warrant was extra-ordinary. The FBI likely had Cohen dead to rights on several things.

Anyway, don't plan a crime with your attorney and you should be A-OK. A judge will toss anything not related to that crime.

Eta: I am not super keen on attorney's getting searched but if the search is illegal it will get tossed out by the courts.
This post was edited on 4/11/18 at 6:38 pm
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