The relevance of attorney client privilege in the Eastman case

[berg80]

Judge Orders Eastman To Turn Over Emails On Potential ‘Crime,’ Secretive Group’s Meetings​

A federal judge on Tuesday ordered former Trump attorney John Eastman to turn over dozens of additional emails to the congressional Jan. 6 committee, including what the judge described as potential evidence of a crime and notes on secretive meetings that included a member of Congress and a Trump elector.

Eastman has spent months fighting document requests from the committee, asserting attorney-client privilege over thousands of subpoenaed records, though he has turned over some following court orders.

The lawyer was a key advisor in Trump’s effort to steal a second term by pressuring then-Vice President Mike Pence to discard the results of the 2020 election. After going through Eastman’s latest privilege assertions record-by-record, U.S. District Judge David O. Carter ultimately ordered that Eastman hand over 159 out of 599 challenged documents to the committee.

Potential Evidence Of A Crime​

Most notably in Tuesday’s order, Carter ordered Eastman to turn over an email to the committee because it fit the crime-fraud exception to attorney-client privilege — that is, an instance where “a client consults an attorney for advice that will serve [them] in the commission of a fraud or crime.” Carter has previously found that Trump and Eastman likely broke federal laws in their effort to disrupt the certification of Biden’s win.

Judge Orders Eastman To Turn Over Emails On Potential Crime

A federal judge on Tuesday ordered former Trump attorney John Eastman to turn over dozens of additional emails to the congressional Jan. 6 committee.

talkingpointsmemo.com

Put simply, a judge can deny the claim of attorney-client privilege if a conversation between client and attorney includes a discussion of violating the law. Like, "whaddaya say we try to steal the election and ignore the will of the people." Naturally, the first, reflexive reaction on the part of Trumpleton's will predictably be to claim the judge is biased. A habit they learned from the master of deflection, Individual 1.

The judge's ruling makes sense in light of............

Trump Likely Committed Obstruction Of Congress, Judge Rules

Former President Trump's actions on Jan. 6 likely constitute attempted obstruction of Congress, a federal judge ruled on Monday. "Based on the evidence, the Court finds it more likely than not that…

talkingpointsmemo.com

...........since his interpretation of the facts in evidence have convinced him Trump and Eastman are guilty of a conspiracy to defraud the American public.

 

[berg80]

Follow the bouncing ball.

Several records that Eastman sought to protect as confidential actually related to the plan to disrupt the certification of Joe Biden’s electoral college victory in 2021, Carter wrote, and others discussed “alternate,” pro-Trump elector slates in states where Joe Biden won a majority.

“Because these documents only relate to the political plan for January 6, they were not made in anticipation of litigation and thus are not protected,” Carter said.

Also among the records that Carter ordered Eastman to hand over the committee: Discussion of state legislators’ authority, potential press releases from Trump on state electors and various analyses of supposed election irregularities that were distributed to federal and state legislators. Carter said Eastman’s communications included exchanges with lawmakers in Pennsylvania and Georgia, as well as the agent of an Arizona state senator.

Judge Orders Eastman To Turn Over Emails On Potential Crime

A federal judge on Tuesday ordered former Trump attorney John Eastman to turn over dozens of additional emails to the congressional Jan. 6 committee.

talkingpointsmemo.com

A staffer for Donald Trump’s presidential campaign instructed Republicans planning to cast electoral college votes for Trump in Georgia despite Joe Biden’s victory to operate in “complete secrecy,” an email obtained by The Washington Post shows.

“I must ask for your complete discretion in this process,” wrote Robert Sinners, the campaign’s election operations director for Georgia, the day before the 16 Republicans gathered at the Georgia Capitol to sign certificates declaring themselves duly elected. “Your duties are imperative to ensure the end result — a win in Georgia for President Trump — but will be hampered unless we have complete secrecy and discretion.”

https://www.washingtonpost.com/politics/2022/06/06/fake-trump-electors-ga-told-shroud-plans-secrecy-email-shows/

 

[berg80]

Could just be me, but I always felt a post that Trumpleton's don't want to comment on, not even with their best efforts at rebuttal like "libtard" and "woke," reveals their inadequacy in dealing with facts.

 

[Dekster]

LAwyers are officers of the court. If the court orders them to hand over something, they have to do it. It gets them off the hook for violating privilege once a court orders it. That priviledge isn't as sacrisanct as some would believe.

 

[berg80]

LAwyers are officers of the court. If the court orders them to hand over something, they have to do it. It gets them off the hook for violating privilege once a court orders it. That priviledge isn't as sacrisanct as some would believe.

The reason the court order is notable in this instance is because the judge invoked the "crime fraud exception." Meaning he has every reason to believe Trump's communications with Eastman were in regard to the commission of a crime.

 

[BackAgain]

The reason the court order is notable in this instance is because the judge invoked the "crime fraud exception." Meaning he has every reason to believe Trump's communications with Eastman were in regard to the commission of a crime.

No. It doesn’t mean he has “every reason to believe” such crap. It simply means he claims to believe it has been demonstrated to his satisfaction. And don’t forget to toss in a heaping scoop of partisan bias.

 

[BackAgain]

I’ll go further. Regardless of your views about the legal wisdom or accuracy of any legal advice given by Eastman in a legal memorandum, the real issue is whether the advice did or did not counsel any violation of the law.

Some folks who should know better seem to forget that for purposes of legal ethics, it is ok for a lawyer to contemplate any interpretation which can be legitimately argued, including consideration of challenging such rules, laws or regulations as might interfere with his client’s rights.

With that in mind, I have yet to see a coherent argument that Eastman’s memo (contemplating how to proceed in light of what was seen as a probable election theft by Team DNC) “violated” any law or ethical consideration.

 

[surada]

Judge Orders Eastman To Turn Over Emails On Potential ‘Crime,’ Secretive Group’s Meetings​

A federal judge on Tuesday ordered former Trump attorney John Eastman to turn over dozens of additional emails to the congressional Jan. 6 committee, including what the judge described as potential evidence of a crime and notes on secretive meetings that included a member of Congress and a Trump elector.

Eastman has spent months fighting document requests from the committee, asserting attorney-client privilege over thousands of subpoenaed records, though he has turned over some following court orders.

The lawyer was a key advisor in Trump’s effort to steal a second term by pressuring then-Vice President Mike Pence to discard the results of the 2020 election. After going through Eastman’s latest privilege assertions record-by-record, U.S. District Judge David O. Carter ultimately ordered that Eastman hand over 159 out of 599 challenged documents to the committee.

Potential Evidence Of A Crime​

Most notably in Tuesday’s order, Carter ordered Eastman to turn over an email to the committee because it fit the crime-fraud exception to attorney-client privilege — that is, an instance where “a client consults an attorney for advice that will serve [them] in the commission of a fraud or crime.” Carter has previously found that Trump and Eastman likely broke federal laws in their effort to disrupt the certification of Biden’s win.

Judge Orders Eastman To Turn Over Emails On Potential Crime

A federal judge on Tuesday ordered former Trump attorney John Eastman to turn over dozens of additional emails to the congressional Jan. 6 committee.

talkingpointsmemo.com

Put simply, a judge can deny the claim of attorney-client privilege if a conversation between client and attorney includes a discussion of violating the law. Like, "whaddaya say we try to steal the election and ignore the will of the people." Naturally, the first, reflexive reaction on the part of Trumpleton's will predictably be to claim the judge is biased. A habit they learned from the master of deflection, Individual 1.

The judge's ruling makes sense in light of............

Trump Likely Committed Obstruction Of Congress, Judge Rules

Former President Trump's actions on Jan. 6 likely constitute attempted obstruction of Congress, a federal judge ruled on Monday. "Based on the evidence, the Court finds it more likely than not that…

talkingpointsmemo.com

...........since his interpretation of the facts in evidence have convinced him Trump and Eastman are guilty of a conspiracy to defraud the American public.

Crime and fraud are the exception to client privilege. Damn. Trump is some kind of dumbass