Page 42 - Client Privilege News Today

>> first, think of that in the context of the question you just asked me. if hes thinking he will be made the fall guy. he must think there is possible criminal acttist that has occurred that he needs to give his version of. again, its hard to say that it would have been completely exculpatory. but then, you know, second, just this whole kind of dance between representing the office of the president and donald j. trump. by the way, i think this representation by the president that he just let hi...

News broke. that is that the president was truly caught off guard, so off guard by his own white house counsel. you were white house counsel during whitewater. he didnt know mcgahn did 30 hours of interviews with mueller. he didnt know his own personal lawyers didnt get a full debriefing whatsoever about what mcgahn said. how shocking is that to you? >> well, there are a lot of strands there. first of all, i was in the white house counsel. i was deputy independent counsel. i was up against the w...

Unprecedented political time these days so something seems strange otherwise might have been. i think what you have here and i have talked to a couple of people who have worked in the white house counselors office who have distinct and experienced attorneys. i think there has to be real care taken for obstruction of justice. i think thats what the trump white house is trying to do here and certainly mcgahn, hes a respected attorney. i think probably what happened here is mcgahn was called to tes...

Executive and lawyer/client privilege but a weak lawyer/client privilege here if at all. but youre the lawyer. help me out here. >> thats exactly right. i think rudy is wrong. i understand why the president is wanting to take credit for the fact that his white house counsel has apparently provided a lot of information to the special counsel, but it really wasnt a choice. wasnt a matter of strategy. don mcgahn is the white house counsel. was a fact witness in a criminal investigation, and he has ...

Absorbing pushback from the doj and the fbi. his spot has been an uncomfortable one for a long time. youve got to wonder if brett kavanaugh gets confirmed it is supreme court if thats a natural time after which don mcghan leaves the white house. >> an easy moment. you heard here, benjamin, john dowd blasting this article in terms of calling it fiction basically. in the article itself, john dowds open policy resulting potentially in this openness, right, of -- of again mcghan with mueller and for...

With team trump. >> thats correct. and when president trump left for the white house he entrusted the business to three people. don junior, eric and allen weisselberg. thats how entrenched allen weisselberg is with the trump organization. it is very significant prosecutors have requested an interview, information from him. that reporting according to "the wall street journal." >> thank you for your reporting. with me now our chief legal analyst and a former federal prosecutor jeffrey toobin. gen...

A cfo client privilege. if hes called to testify he has to talk. the way prosecutors usually work or try to work is to have the actual financial records to confront a witness with. its always better to show a witness documents so that they cant say i dont remember, i dont know the detail. its often a complex matter to interview someone like a cfo who deals with a lot of numbers because you need to numbers first. but prosecutors can subpoena those, too. >> they can also immunize him and try to ge...

Transactions, the accountant would know. >> lest you think you can assert any kind of privilege when it comes to your accountant, be warned, there is no independent accountant client privilege the way there is an attorney/client privilege. it may attach if the accountant is involved in conjunction in helping the attorney provide legal advice but there is no independent privilege for accountants. so, if the accountant gets subpoenaed, if they approach the accountant, if theres evidence against th...

>> its totally legal? because its new york and one party consent state. >> new york is a one party consent. the thing thats interesting is that if cohen did have other clients during the past decade, connecticut is a two party state, pennsylvania is a two party state. anyone thats in one of those two party states, this would be illegal. >> by the way, the only reason this is out is because the presidents legal team, they waved their attorney/client privilege on this, which is confounding to a lo...

Complete understanding of that. did not know about the payment? although that is something that trump himself refused to say when he was standing side by >> "outfront" now, former nixon side with putin. white house counsel, john dean, erin? >> all right. thank you very much, michelle asha rangappa, and audio expert, kosinski. and michelle, really giving us a sense of what happened there. paul ginsburg. he has 40 years experience in contentious. and "outfront" now, lets this area, including wor...