• The Real Trump Witchhunt

    April 7, 2023

    Tags: , , ,
    Posted in: Democracy, Trump

    Concerned the law be applied equally to all? Worried about political witch hunts? You should be, only you’re likely worried about the wrong case.

    While Trump’s will-he-or-won’t he indictment saga in New York sags on, it’s a magician’s trick of misdirection. The real witch hunt and challenge to the rule of law is ongoing in the Mar-a-Lago classified documents case where the government will force one of Trump’s own lawyers violate attorney-client privilege and present evidence against his client, Trump, in regards to handling classified documents.

    A federal appeals court ruled earlier this month a lawyer for Donald Trump in the investigation into his handling of classified material had to answer a grand jury’s questions and give prosecutors documents related to his legal work against his will and in violation of attorney-client privilege, which typically makes communications between a lawyer and his client private and out of the reach of prosecutors. The ruling by the U.S. Court of Appeals for the District of Columbia was a victory for the special counsel overseeing the investigation and followed Trump’s effort to stop his lawyer, Evan Corcoran, from handing over what are likely to be dozens of implicating documents to investigators. He’ll have to give up what was shared once with him in confidence.

    The gist of the matter is that at one point, when asked if there were any additional classified materials at Mar-a-Lago, Trump ordered his lawyers to prepare a statement stating “no,” that all classified had been turned over to the government. Based on Trump’s statement to them, the lawyers, including Corcoran, wrote to DOJ that a “diligent search” for classified documents had been conducted at Mar-a-Lago in response to a subpoena. That claim proved untrue as FBI agents weeks later searched the home with a warrant and found roughly 100 additional documents with classified markings. The Justice Department now claims Trump lied to his own attorneys in claiming no classified documents, possible crimes of fraud and obstruction in defying the government’s efforts to reclaim classified materials.

    Attorney-client privilege is a legal principle that protects communications between a lawyer and his client from being disclosed to others, including the courts. This privilege is intended to encourage clients to be open and honest with their attorneys, which in turn helps attorneys provide effective legal representation. Any information or communication exchanged between a lawyer and his client is protected from disclosure, as long as it was made in confidence for the purpose of seeking legal advice or representation. This includes not only written and oral communications, but also any documents or materials shared with the attorney. The privilege belongs to the client and not the attorney, meaning that it is the client who has the right to assert or waive the privilege, as with Trump.

    There’s a long history to attorney-client privilege, dating back to the ancient Roman and Greek legal systems. In the 16th century, English courts recognized the concept of legal privilege, which included the privilege of lawyers to refuse to testify against their clients in court. By the 18th century, the concept had expanded to protect all confidential communications between attorneys and their clients. In the United States, the attorney-client privilege was recognized early on in the development of the legal system. In 1810, the U.S. Supreme Court established privilege in the case of United States v. Burr. The Court held that communications made by a defendant to his attorney for the purpose of obtaining legal advice were privileged and could not be used as evidence against the defendant. Since then, the attorney-client privilege has been recognized and upheld by courts across the United States. It’s a big deal and one of the cornerstones of fairness in our system.

    In the Trump case, the Justice Department is using the one major exception to privilege, when the communication is intended to further a criminal or fraudulent act, to compel lawyer Corcoran to testify against his own client. In other words, Justice asserts Trump lied to Corcoran about having no more classified documents, and that this constituted a crime of fraud and maybe obstruction, and thus privilege is not available and Trump’s lawyer can be made to testify against his client. The crime or fraud exception to attorney-client privilege itself has a long history, dating back to English common law. In the United States, the crime or fraud exception was first recognized by the Supreme Court in the 1840 case of United States v. Privileged Communications. This exception was later reaffirmed in other landmark cases, such as Clark v. United States (1933) and United States v. Zolin (1989).

    There is some risk to the DOJ case if Corcoran is forced to testify while any further appeals are ongoing, as Trump has suggested he will seek a Supreme Court hearing of the matter. That opens the possibility if the Supreme Court ultimately rules the government’s arguments about the crime-fraud exception are wrong, prosecutors would be barred from using the information Corcoran provided as evidence to seek a grand jury indictment. That could serve as a basis for overturning the indictment, and make a clear case that Trump’s rights had been stomped on.

    “Prosecutors only attack lawyers when they have no case whatsoever,” according to the Trump campaign. That said, DOJ seems to have little to worry about. Trump has an uphill battle. One of the precedent cases, Clark v. United States, involved a criminal defendant, Samuel Insull, who was accused of mail fraud and other crimes related to his business activities. Insull had consulted with his attorney, Frank Clark, and had given him documents and information related to his shady business dealings. During Insull’s trial, the government sought to introduce evidence that Insull had given false information to Clark, and argued that the attorney-client privilege did not apply because the communications were made in furtherance of a crime. The trial judge allowed the evidence to be admitted, and Insull was ultimately convicted.

    As a final act, for now, Trump’s objections and request for a stay in proceedings were overruled by the Appeals Court of the District of Columbia.  DOJ Special Counsel Jack Smith will obtain key documents from the lawyer for the former president related to the handling of sensitive national security records discovered at Trump’s Florida home last year; it is unknown if Corcoran will also be required to testify further before the grand jury. Trump’s only hope now is to have Corcoran hand over the documents and testify, then seek a hearing before the Supreme Court, and see through that the testimony rescinded and the government’s case fall apart.

    If Trump lied to his own attorneys it is unclear that constituted a prosecutable crime. He has certainly not been charged with that. Things are further complicated by the fact that Trump has not been indicted or charged yet with any crime at all in connection with the documents. It’s a chilling development; attorney-client privilege had to yield to a fishing expedition via Corcoran’s testimony and records, evidence that the attorney may have been used to advance a crime. This can have significant legal consequences, as it allows the other party to use the previously confidential information against the client in court. See if you feel that’s what is intended by what we are increasingly call in quotation marks, “the rule of law.”


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  • Recent Comments

    • Rich Bauer said...


      Witch Hunts? You mean Which HH Hunts. Holy Nixonian, there are tapes. For a guy who never emails or leaves a paper trail, Donnie Little Fingers forgot to delete the security video.

      According to witness statements, security camera footage, and other documentary evidence, boxes including classified material were moved from a Mar-a-Lago storage area after the subpoena was served, and that Trump personally examined at least some of those boxes. While Trump’s team returned some documents with classified markings in response to the subpoena, a later FBI search found more than 100 additional classified items that had not been turned over.

      Well, at least Donnie Little Fingers doesn’t have to resign.

      04/7/23 9:34 PM | Comment Link

    • Rich Bauer said...


      Peter nailed it when he said this whole witch hunt is distraction. The Repugs need to keep the Fox Populies of Donnie Little Fingers unfairly charged because they got nothin else. Cant complain about the economy, stupids. Unemployment is “dangerously low” according to Fox.

      33.8m jobs = 16 yrs of Clinton, Obama
      12.6m jobs = 26 months of Biden
      1.9m jobs = 16 yrs of Bush, Bush, Trump

      This can’t continue…cause…we got nothin.

      04/8/23 1:08 PM | Comment Link

    • Rich Bauer said...


      Donnie Little Fingers engaging in distraction this Easter announcing “WORLD WAR 3.” Sad that an SNL skit this weekend about DLF and his martyrdumb was more realistic than the clown’s grasp of reality.

      While Peter pans the legal system for allowing a great injustice, DLF is making the government’s case that only a lunatic steals classified government documents, claims they are his to keep, and tries to hide behind attorney-client privilege in the commission of a felony. Of course all those classified documents have DLF’s fingerprints and fried chicken stains all over them.

      04/10/23 10:29 AM | Comment Link

    • Rich Bauer said...


      Equal treatment under the Law (haha)

      You’re having a laugh, mate. I remember this poor State Department worker got shitcanned by DS cause he linked on his blog to embarrassing stuff about the Deep State on WikiLeaks. If equal treatment exists, then Donnie Little Fingers will be facing hard time for his crimes.

      Of course, who really believes the Deep State didn’t entrap DLF into taking the classified documents? Of course it was the DS plan. DS is aware of all its enemies. Who do you think planted those microchip trackers in every assault weapon in the US? There are more bugs and secret cameras in Maralongo than in US Embassy Moscow. Deep State got Peter dead to rights for exposing the truth. DLF has been fighting the Deep State since he was elected.

      As the sign at the CIA says, “The truth will get you dead.”

      04/14/23 11:34 AM | Comment Link

    • Rich Bauer said...


      Misdirection has been the MO of the Repug Party

      Peter has to be forgiven for being out of touch way out there in the Pacific, but here in Florida one gets the feeling that Donnie Little Fingers has been judged a LOSER by the Repug majority. Florida DeathSantis is working for DS to abort the Repug chances. Fox Populi realize DLF is doomed to be the Three Time Loser in the popular vote, and fake DLF electors will not be able to overthrow the vote. If all goes to DS plan, DLF still wins the Repug nomination and drags the down-ticket down with him.

      04/15/23 6:49 AM | Comment Link

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