Page 50 - Client Privilege News Today

Here. that is just an objective truth to this situation, and i really -- and i know this is a high bar to clear. i dont think ive ever encountered anybody so gleefully willing to hurl himself on a grenade than michael cohen. >> let me ask you about another one of the presidents tweets in which he climbed attorney/client privilege was now a thing of the past and said all lawyers are deflated and concerned. as a former federal prosecutor how do you analyze that presidents accusation, that charge, ...

About donald trump -- >> we cant just call him a lawyer. hes much more than that. >> he knows much more than that. he knows so much about donald trump. this is getting to what the president calls a red line, it gets into his businesses. he never let them go. he still retains them. thats really going to get under his skin. >> what is going on with mueller and the investigation? >> i think we simply dont know. we know that it was something that the mueller team found that they basically handed off...

They were actually hired wednesday night. they came into the case. they are now also arguing that the government should not see certain documents as it pertains to the president because michael cohen was his attorney and the only person that can waive pr b privilege would be the client, and that is the president. i just need to point out quickly that the government has not yet even viewed any of the materials that they got in that search warrant. they dont know what they have yet. >> right. ther...

We know keith davidson is under fire from one of his former clients, karen mcdougal, who she argues he collaborated with michael cohen to help donald trumps interests and not her interests which, of course, hes her lawyer. hes supposed to. those recordings if they are, you know, honest and made and nobody knew they were being made, they could establish that donald trumps lawyer engaged in fraud or possibly extortion to get these women to remain silence. >> let me come to you with the work that m...

Push back and hes seeking a restraining order. thats what theyre addressing in this courted it. whats strange about all of this if your head is turning like, what? thats for good reason because this is also a court-approved warrant that allowed thm to come in and gather this information, now comey wants to put a temporary restraining order so that investigators and prosecutors wonting able to use that information. he wants to protect it under attorney/client privilege. but as weve already seen a...

They set up a taint team. the taint team is attorneys and fbi agents that are unrelated to the underlying investigation. in theory they look at these things and say wait, this is privileged, we cant look at this, wink-wink, nod-nod. what cohen may be doing is under rule 41 he can move to return that property or move to suppress it later on but he can basically say to the court, a tro, a temporary restraining order, is an emergency measure. youve got to stop these agents from possibly violating a...

Cant -- >> unsee them. >> unsee them. exactly. >> right. >> the challenge any times this happens courts have been critical of it. when it comes to the president as you said and the prosecutor said his attorney/client privilege is no more significant any any other citizens. it is attorney klein privilege no matter what. >> what if you and your attorney were in on something unlawful together? >> there are many ways attorney/client privilege can be defeated. one is if any other party is present. if...

That says they were seizing. one of the things were communications about these specific issues. the stormy daniels payment, the access hollywood tape. the karen mcdougal payment. if those communications are about those things then they fall within the warrant and they can review them. >> the tainting, they get their hands on everything thats seized. they get everything that was taken from the office. they listen to every tape. they look at every document and its up to them to decide whats german...

Material and they say this is lawye lawy lawyer/client privilege. or a conversation between a man and his wife, a spouse. would any american citizen be happy to have his or her private communications read by an fbi agent on the assurance that merely it -- >> you are saying it should be read by a gjudge. >> it shouldnt be read by anybody. >> tell them to dump all of that stuff that we know they have because this tape just got released. >> that wouldnt be the crime either. >> sorry. >> that is ano...

State? >> the congress has every right to get into this and they should. >> what do you mean, by "this." because theyve investigated and it they decided to stop it, by the way. >> on the house side. >> right. >> if the democrats take the house, which i believe they will, i guarantee you, i can promise you, they are going to quickly get into all of these matters, and that is the right, constitutionally. >> of course it is. trumps own justice department is not entitled -- >> its not his justice de...