Attorneys know how extraordinary Mr. Trump’s legal situation is, aside from his being an ex-president.
The attorney-client privilege is pretty sacred to lawyers and courts. An attorney can’t share privileged information even if her client murdered dozens and molested numerous children. The law values that highly a defendant’s right to be confident in confidentiality.
A critical exception is that while the attorney is muzzled as to past crimes, if she conspires with the client about committing future crimes or participates in fraud, she can’t claim lawyer-client privilege. It makes sense: anyone accused of a crime, but presumed innocent, is entitled to a full and competent defense, but acquires no right to use the attorney to commit new crimes. A new crime requires the courts to assess client’s and lawyer’s relative criminal liability.
Piercing the privilege using the crime-fraud exception is so rare that prosecutors and criminal defense counsel never actually see it done in decades-long career.
Two different judges (one of whom an appellate court refused to overturn Wednesday) in two separate cases involving different crimes and different lawyers, recently ordered Trump’s lawyers to testify and provide their notes, based on that exception. Both judges stated clearly that they’d seen ample evidence of criminal activity.
Judge Beryl Hamilton ordered attorney Evan Corcoran to testify and produce his notes regarding Trump’s retention of classified documents. Corcoran had told the court and the government that Trump had returned all the classified documents he had. A government search then uncovered hundreds more. Lying to courts isn’t popular with judges. Who lied? A rumor that Trump misled Corcoran may or may not prove true. The D.C. Circuit Court of Appeals refused to hear Trump’s appeal. Corcoran may soon be testifying against Trump to save Corcoran’s law practice and perhaps his freedom.
Not two months ago, Judge Eric Davis, hearing Dominion v Fox, stated he’d seen evidence of criminal conduct in Trump’s effort to overturn the 2020 election. The alleged crimes include defrauding the government and conspiracy to interfere with a government proceeding. There, a different lawyer, having conspired with Trump to use dubious methods to overturn the election, will have to help us figure out how clearly Mr. Trump’s knew he was doing wrong.
Trump’s lovers’ quarrel with Ron DeSantis is a tasteless distraction. DeSantis hopes to profit politically from some fellow Republicans’ belated recognition of Trump’s self-absorption and chaotic management.
Both men are hostile to the things we hold dear, such as freedom of speech, democracy, and truth. DeSantis’s repeated efforts to muzzle the press, dictate what teachers can teach (and people talk about in schools), ban books, and seek revenge on Disney for disagreeing with him make democracy almost as endangered a species in Florida as in Russia, Israel, and Mexico. His recent Fox diatribe against Trump articulates how he’d run our government. He’d have fired Fauci. (Don’t want no doctors talking about medicine!) When DeSantis said that unlike Trump, “I’d hire . . .” I thought he’d say “qualified individuals good at their jobs.” Instead he promised to hire people who would shut up and get with his program. But governments’ huge fault is stifling discussion. We reach the best policy by reasoned discussion with a variety of individuals, not by being so close-minded and vengeful that the leader hears only what folks know he wants to hear.
Putin is painfully learning where that lands you.
– 30 --
[The above column appeared Sunday, 26 March 2023, in the Las Cruces Sun-News and on the newspaper's website, and on KRWG's website. A related radio commentary will air during the week on KRWG (90.7 FM) and on KTAL (101.5 FM / http://www.lccommunityradio.org/) and be available on both stations’ websites.]
[by the way: Tuesday at 6 pm in Santa Fe -- and on ZOOM -- i'll discuss my novel, The Moonlit Path. Collected Works Bookstore and Coffeehouse. ]
Based on tRump's attacks on judges, jurors and DOJ law enforcement as well as a plethora of imminent criminal and civil litigation, commingled businesses, tax evasion, obstruction of justice, fraud and alleged sexual assaults, affairs and bribery I think the next article Goodman writes should articulate RICO statutes for the benefit of his readers.
ReplyDelete(https://en.wikipedia.org/wiki/Racketeer_Influenced_and_Corrupt_Organizations_Act)
tRump is a wannabe mobster; and a failed one at that. He has exploited 'Executive Privilege' and 'Attorney-Client Privilege' at the expense of subordinates, many who are convicted or facing criminal prosecution for illegal acts in service of his criminal presidency.
IMO, the logical conclusion to tRump's malevolent madness will be to employ RICO as evidenced by this precedent: 'Citing “a very strong risk that jurors will fear harassment,” U.S. District Court Judge Lewis Kaplan ordered the use of an “anonymous” jury for the trial set to begin next month...'
The writing is on the wall. The veils of 'privilege' tRump has exploited are being summarily dismissed by judges hearing his cases due to evidence under judicial review in matters before the court.
Cue the parody 'RICO SUAVE' song...
https://news.yahoo.com/just-young-thug-trump-may-230237481.html
DeleteAmazing, is it not? Again we bear witness the democrat cartel-style relentless pursuit to "bring down Trump." So desperate indeed, violating and "Piercing the privilege using the crime-fraud exception." The author of this article can't help to (completely out of left field) rope in Ron DeSantis. But, what the hay, let's go with it..... Apparently, DeSantis is, "hostile to the things we hold dear, such as freedom of speech, democracy, and truth." Again amazing, these words keep popping up in democrat speeches. Funny though, the definitions are applied whenever it suits the people espousing them. If you are a democrat the word "Democracy" is code for absolute consensus, rather reminiscent of North Korea's matrix. The liberal model is not a free exchange of ideas, thoughts, or God forbid beliefs. No, disagree with their views and you are placed the category(s) of: 1) domestic terrorist, 2) a racist, 3) or afflicted with some type of phobia. Moving on.... Apparently DeSantis enjoys "efforts to muzzle the press, dictate what teachers can teach." What TEACHER's can (or cannot) teach has indeed always been restricted by many historical limits - does separation of church and state ring a bell? The reason is valid, most agree, the ideals of religion move on one's own personal value system - beliefs /ethics /practices. Most democrats applaud keeping those separate, yet not if it's what THEY value. We now have a new emerging leftwing religion (masked as social justice) LGBTQIA. This, they believe in their heart-of-hearts, entitle them to have unfeathered access to children, as young as kindergarten, to social engineer their values the expense of circumventing PARENTAL involvement. Most reasonable people push back against this encroachment. The consequence however allows Libs to reach into their bag of demoralizing branding to whip them. Libs fail at every front to win debate on merit, so as predicable, resort to childness name calling. It's a frightening time when the ruling liberal elites lack critical self-awareness to the extent of making reasonable people the enemy of diverse thought and ethical values they deem as worthy to destroy.
ReplyDeletetRump is finally being held accountable to the law - now embroiled in both criminal and civil litigation in actual court cases - for his actions. Not necessarily by Democrats or liberal justices, but by judges appointed by tRump who ruled against him; especially when you consider tRump's BIG LIE and his 60+ failed lawsuits subsequent to his failed 2020 campaign/election loss.
DeletetRump brought himself down, he didn't/doesn't need Democrats help to commit the crimes for which he is being held into account. He openly admitted to sexually assaulting women who can 'grab them by the pussy' because he thinks he's a star. He led an armed insurrection against Congress with his mob seeking to 'Hang Mike Pence' for doing his job. He stole Top Secret documents, sent them to Mar a Lardo and obstructed justice by lying to his attorneys who then committed perjury. And he was recorded on the phone, in his failed attempt to coerce elections officials in Georgia, to 'find' more than 11,000 votes as well as his campaign colluding with Republican leaders in Arizona, Georgia, Michigan, Nevada, New Mexico, Wisconsin, and Pennsylvania conspiring in felonious criminal conduct to submit fraudulent 'certifications' that tRump beat Biden in those states when he LOST.
So your diatribe against Liberals/Democrats is purposely devoid of facts and you don't seem capable of offering cogent arguments in favor of tRump's crimes. We get it. You have one large ad hominem beef against Liberals, but your capacity to argue against criminal conduct is without merit. Again, and nobody is surprised. But thanks for trying.
Yikes, "openly admitted to sexually assaulting women who can 'grab them by the pussy' because he thinks he's a star." Definitely cringe worthy! As when Ashley Biden wrote in her journal her dad [Joe Biden] would take showers with her when she was young. Admitting very appropriate. I feel for her as she struggles to mend wounds via counseling.
DeleteAs for the crimes, along with the rest of the world watching, waiting to see actual crimes that are not tried by the court of popular opinion. Not too long ago, it was the ring of Russia, Russia, Russia.
Check out your sources and consider changing your moniker to Co-dependent fool. You don't have to be the gullible guy posting bogus/phony rumors when a quick Google search easily disproves your point.
Deletehttps://www.snopes.com/fact-check/ashley-biden-diary-afraid/
To be clear, your one (1) source is snopes.com. Guaranteed, credible research will never cite snopes.com, as that would be an auto-fail. Your writings clearly demonstrate your non-ability to digest multi facets of reality. Sincere apologies, to engage your limited awareness is rather like mocking a young child. ~ Be well! This will be the last we speak.
Delete@ Rightwentwrong, Are you talking about the Biden's again....."attacks on judges, jurors and DOJ law enforcement as well as a plethora of imminent criminal and civil litigation, commingled businesses, tax evasion, obstruction of justice, fraud and alleged sexual assaults, affairs and bribery." LOL...too funny!
ReplyDelete"What about Biden...?" So original. Too funny...
Delete