conversations that donald trump had himself with others around him. it does not include conversations that are unofficial, perhaps well the campaign, and certainly the supreme court has held it does not include conversations that relate to improper misconduct or other illicit activity. attorney/client privilege includes potentially jenna ellis, sidney powell and rudy giuliani, who at various points represented either the campaign or donald trump. the problem with attorney/client privilege for these individuals is that there is an exception for attorney/client privilege under the crime fraud exception, which basically means that if you are doing something improper, illegal, fraudulent, then the attorney/client
of obstruction? well, it depends. the reporting here is that it was michael cohen who approached president trump through their lawyers, requesting a pardon. and so there might be a problem with michael cohen legally in doing that. but if president trump s answer was no, then i don t think he has done anything wrong there. what s more interesting is to know what the response was, whether it was something like just play ball with us now and you ll get a pardon later, could be very interesting. it s interesting that rudy giuliani invokes the attorney/client privilege to prevent disclosure which could be protected through a joint defense argument but of course the attorney general privilege cann attorney/client privilege cannot be used as a shield for criminal behavior. in a pardon is used in exchange for lying for president trump to obstru obstruct justice, that could result in a piercing of the
president said. attorney/client privilege is dead. under what circumstances could that not apply? this is the something when it comes to privileges. privileges are not absolute. an attorney/client privilege cannot be waved. there are many instances when it does not apply. for example, if an attorney is not acting within the scope or purview for the client at that time, then arguably documents or anything obtained with respect to that are not attorney/client prive. with the stormy daniels case, both trump and cohen have said they didn t know about it, donald trump didn t know about it, michael cohen did this on his own accord. he paid $130,000 out of his own pocket. no one from the trump organization authorized him or asked him to do this. if he entered into that nondisclosure agreement without donald trump s knowledge, without telling donald trump, if he paid that money without telling donald trump, then arguably there was no attorney/client relationship with respect to that transact
therefore attorney/client privilege cannot be invoked. right. i m echoing jeff here a little bit, which is it doesn t strike me necessarily as a giant legal problem, it just this particular tidbit. it just strikes me as you read that piece and think, this is really the gang who can t shoot straight. the idea that you would have a conversation like the one that the times is reporting corallo will relay without a lawyer on the phone, i mean, it goes to all what we know about that june meeting. remember, it was primarily about a relatively obscure adoption law. it turns out it wasn t. right. the e-mails will never get out. well, it turns out they did. there was nothing promised to the trump campaign. well, it turns out the reason the meeting happened was because there was dirt promised to the trump campaign. so, you know, being incompetent is not generally speaking