Trump Jr. cites attorney-client privilege to avoid Russia questions

[Political Junky]

Ridiculous claim.

Trump Jr. cites attorney-client privilege to avoid Russia questions

• Ranking Democrat of the committee, Rep. Adam Schiff, said that's not a legitimate reason to invoke that privilege: "I don't believe you can shield communications between individuals merely by having an attorney present...That's not the purpose of attorney-client privilege."

Why it matters: This was the first time Trump Jr. has been questioned by the intelligence committee over his meeting, which he agreed to in hopes of getting negative information on Hillary Clinton. Schiff said "very central conversation between father and son."

 

[Asclepias]

Yeah I was working on something and half listening when I heard it. The first thing I thought was "I didnt know Drumpf Jr was an attorney."

At this point one would have to be a idiot to not know Drumpf, his family, his friends, and his appointees are all criminals.

 

[BULLDOG]

Did that idiot really try such a stupid excuse? He's dumber than I thought.

 

[The Professor]

Did that idiot really try such a stupid excuse? He's dumber than I thought.

I wouldn't be so quick to call Trump, Jr., stupid. It appears he might have a valid argument in claiming attorney/client privilege. Most people think this privilege involves only what is said between the attorney and client but this is not true. The privilege also extends to those whose presence is necessary. to resolve a legal issue. In this case, one could argue that the Russian would have been a necessary participant to the conversation in which Trump, Jr., sought legal advice and guidance and therefore privilege attached to conversations between the Russian agent and Trump. Here is how one source explains attorney/client privilege:

“To be protected by the privilege, 'a communication must be made in confidence. The attorney-client privilege therefore can be waived when the communication is made in the presence of third persons on the theory that such circumstances are inconsistent with the notion the communication was ever intended to be confidential.”

“But the presence of a third person does not automatically waive the privilege. For example, an attorney can communicate confidentially with his or her client in the presence of the client’s spouse or state-registered domestic partner. By statute, a spouse or domestic partner 'shall not be examined for or against his or her spouse or domestic partner, without the consent of the spouse or domestic partner; nor can either during marriage or during the domestic partnership or afterward, be without the consent of the other, examined as to any communication made by one to the other during the marriage or the domestic partnership.'”

“Whether the privilege is waived when the third-party participant is not a spouse or domestic partner is less clear. The general rule is that waiver does not occur where 'the third person is necessary for the communication, or has retained the attorney on a matter of ‘common interest.’ As the court explained in State v. Gibson, a case discussing the analogous doctor-patient privilege, “if the third person is present as a needed and customary participant in such consultation, the circle of confidence may be reasonably extended to include him and the privilege will be maintained.”

Not-So-Significant Others: When Does the Presence of a Third Party Waive the Attorney-Client Privilege? | Savitt Bruce & Willey LLP

I'm not sure how the courts would rule on this one, but young Trump's claim passes what is known in legal circles as "passing the red face test" meaning his claim is nothing to be embarased about. At any rate, I think it is unfair to call his claim stupid.

 

[dannyboys]

Ridiculous claim.

Trump Jr. cites attorney-client privilege to avoid Russia questions

• Ranking Democrat of the committee, Rep. Adam Schiff, said that's not a legitimate reason to invoke that privilege: "I don't believe you can shield communications between individuals merely by having an attorney present...That's not the purpose of attorney-client privilege."

Why it matters: This was the first time Trump Jr. has been questioned by the intelligence committee over his meeting, which he agreed to in hopes of getting negative information on Hillary Clinton. Schiff said "very central conversation between father and son."

Another one of your popcorn farts in the wind!