earlier today. have you turned over any more documents? no, no, we ve turned over everything that we have that s not privileged, and yet to the extent that there s any issues of privilege that they work out with the campaign, we re happy to turn other, you know, any additional ones, but at this stage, they have the vast majority of everything. the conversation you had with them today, the friendly conversation, you just mentioned, can you tell us what it was about? it was just discussions of general logistics, and then an update on the privilege log. so, yeah, nothing too substantiative. you know, of course i mentioned to them, you know, fani willis is now trying to claim he s an unindicted coconspirator, so does that mean we should all plead the fifth and sop cooperating with jack smith? that i think is one of the unintended consequences of what fani willis has done here is by
what is the reason for that? is it because it was privileged, that somebody didn t turn over what they should ve turned over to the committee? because that memo that is referred to in the indictments, the new york times seems to have been able to obtain it just recently, it seems to be pretty devastating if the reporting is cracked where mr. chesebro really lays out this scheme as you mentioned to overturn the election, if that was the real goal of the fake electors scheme. how did the committee not have it? and i don t mean that because it didn t do the job, i mean in terms of what happened at in terms of not being turned over to you? well i don t know the answer, i don t believe it was any kind of privilege log, but we weren t provided the memo. the other memos were similar but not as direct as the memo we did not receive. and i think it s quite damning.
The difficulty of handling privilege disputes can be especially pronounced in cases involving a prolonged discovery period and large corporate defendants with different document.
national archives, receive 15 boxes of white house records from mar-a-lago. they are assured that s all there is, okay? then, another five months later, they have to subpoena it to subpoena donald trump because they realize there are still missing documents, then in august the fbi asked to execute a search warrant at mar-a-lago because they still have not turned stuff over. then the doj requests the trump organization preservation of footage, that is in october, and then in october there is his mar-a-lago, maybe pool accident, maybe something else. originally there were negotiating to get the documents back. it dragged on. the game-changer was a subpoena. once there s a grand jury subpoena is no longer optional. at that point, the former president was required to turn over everything called for in the subpoena. he could have gone to court to seek some relief from it, or he could ve what s called submitted a privilege log, worry saying hey, i m holding the various things back. here
In modern litigation, more and more cases involve massive volumes of electronic data at the discovery phase, leaving legal teams to wade through a sea of documents to uncover relevant.