Thursday, February 16, 2023

Special counsel alleges Trump lawyer's testimony is not privileged because of the crime/fraud exception

The special counsel investigating Donald Trump’s handling of classified documents is seeking to compel a lawyer for the former president to testify before a grand jury.   Because the lawyer is likely to (if he hasn't already) argue that the information sought is protected by the attorney-client privilege, the  special prosecutor is reportedly arguing that the privilege has been waived because the information relates to the client's intent to commit a crime or fraud.

Overcoming the privilege is no easy task, and I am very interested in what will happen next! Stay tuned!

As you would expect, this story has gotten some attention, so here are some links:

Special counsel seeks to force Trump lawyer to testify, reports say (Politico)

Prosecutors Seek Trump Lawyer’s Testimony, Suggesting Evidence of Crime (NY Times)

Special counsel seeks answers from Trump lawyer on classified docs (MSNBC)

Why Jack Smith going after crime-fraud on Trump attorney privilege matters (MSNBC)

Prosecutors Sent Trump A Special Valentine's Motion To Pierce Attorney-Client Privilege Under The Crime-Fraud Exception (Above the Law)

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