Page 8 - Privilege Issue News Today

>> on the privilege issue, the only thing that makes sense is the special master signaled to trump and cohen, that she was going to find that this recording falls under the crime fraud exception to attorney/client privilege. rather than endure a finding like that. >> which would be catastrophic. >> politically and publicly devastating, she gave them the opportunity to with draw the privilege, their privilege assertions -- >> that is the first time that someone has made sense. that makes sense to...

Certainly, the presidents name is going to come up. probably manaforts relationship -- >> you think anything that could be embarrassing or detrimental? >> possibly. i think they will be careful to stay focused on the direct charges ge s against manafort. i believe the manafort team yesterday sought to have a motion excluding any mention of manaforts actual job title with the administration. >> is that going to be successful? >> i dont think so. >> i would bet not. real quick, we learned yesterda...

That it doesnt get used and he doesnt get dragged into this. it will be interesting to see how much further this investigation will be delayed until these issues with the documentation and the privilege issue is resolved. >> take that one to the bank, there may be further litigation on these issues. sarah azary. coming up next, an incredible survival story. incredible here. 12 boys and their soccer coach were just found alive. this after being trapped inside that dark cave for some nine days. ...

Attorney/client privileged communication relationship with stormy daniels. >> any time that keith davidson wants to debate the law with me, lawrence. id be happy to. hes wrong yet again. this is a guy who thinks he can be disloyal to his client and work behind her back. hes wrong on the privilege issue. thats not the waiver issue in california. we saw a three-page letter after we saw that statement educating keith davidson and his current counsel. theyre wrong. if they continue to release my cli...

Hes wrong on the privilege issue. thats not the waiver issue in california. we saw a three-page letter after we saw that statement educating keith davidson and his current counsel. theyre wrong. if they continue to release my clients privileged information, this is going to make this more difficult. this goes hand in hand with the tapes that michael cohen has where he tape recorded attorney/client privileged information that he was receiving. and this is going to provide us an avenue to get the ...

Protective and trust that these are not in violation of campaign laws. neither of those are very persuasive. >> the whole act of complying, pleading the fifth, et cetera. doesnt the president just by virtue of being the president, simply not have to cooperate by testifying or responding to a subpoena. >> i think we have to distinguish, fredricka, between the political and the legal here. i think giuliani is having a hard time distinguishing between that. so legally there are arguments that be be...

Fits. what else is going on is don mcgahn, the white house counsel wanted him out and spearheaded this effort. he thought that ty cobb gave up too much to the special counsel and working with his lawyer, whos good friends with emmett flood, they worked to recruit flood the last year. mcgahn and flood see things the same way. they think the executive power, the privilege issue should be exerted more and more should be kept away and there should be a more adversarial approach to the investigation....

This morning, right up until two hours before you posted your story, where he never mentioned it, never came up, gave no indication he was on his way out. do you have any clearer sense if he jumped or if he was pushed? >> well, theres two things about this. one is that ty cobb is a veteran washington lawyer. hes been around for a long time and he is close to retirement. you know, he likes to spend time down in south carolina, and that all sort of fits. but what else was going on is that don mcca...

Jones as a special master? michael avenatti said it was the right move. what will she be doing? >> i totally agree that was the right move. you have a situation here where the appearance of fairness is extremely important, given the public scrutiny in this case. what judge jones will be tasked in doing is vetting the privilege issue. as a neutral arbiter of that issue, so that its clear to the public and to everyone that no sides are being picked, no ones being favored. there will be no filtered...

Crime fraud to be able to look at the documents. typically, john, those are done by subpoena. the standard way is for the department of justice to subpoena documents, and then if somebody has a privilege issue to come in to the judge and make a motion to quash saying they cant do this, and they will argue crime fraud deception. there will be a sealed hearing. the judge will look at stuff in camera, which means secretly, and a decision will be made. here what complicates it immensely and makes me...