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Third Circuit: crime-fraud exception can apply to attorney-client privilege in sham-litigation case | Hogan Lovells

In a ruling with significant implications for companies facing sham-litigation claims, such as those that can arise in the Hatch-Waxman context for pharmaceutical manufacturers, the. ....

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MSNBC Alex Wagner Tonight June 4, 2024 01:28:00

Earlier rulings on the search warrant case. this sort of thing that they would take an appeal on, and then ask the court of appeals to reassign, or to have the chief judge reassigned the same case to a different judge on the real risk here for the government, they can appeal her now. they can appeal her ruling s pretrial. once there is a jury seated in double jeopardy, her rulings will determine in large part whether or not there is a conviction. she controls, for instance, what evidence will be admitted at trial, and if there is an acquittal it is too late. doj lawyers, prosecutors, they don t i want to talk about that. what evidence is admitted seems to be a big question that trump s lawyers would like to litigate. they are not happy with the piercing of the attorney, client privilege. the client fraud exception that allowed the doj access to evan corcoran, trump s lawyer, his ....

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MSNBC Katy Tur Reports June 4, 2024 19:34:00

That makes sense, if you could appeal everything all the time, you would almost never have a path to trial. yes and no. donald trump s team is going to try to stop evan corcoran from appearing at the trial and take his notes out of evidence. they want it not to be admissible. are there scenarios where attorney/client privilege is pierced only to not be allowed in trial, does that happen often? well, first, the piercing of attorney/client privilege doesn t happen often and it certainly doesn t happen often in criminal trials. like you said earlier, much of this is unprecedented, but we do have case law around attorney/client privilege and the crime fraud exception, which is applicable here. my guess is that the first ruling on the crime fraud exception issued by a federal district court judge in the district of columbia will hold up and that the government will be able to introduce this evidence at trial. that might be the basis for the thing we discussed a moment ago, an interlocut ....

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MSNBC Alex Wagner Tonight June 4, 2024 04:28:00

Trump s lawyers would like to litigate. they are not happy with the piercing of the attorney, client privilege. the client fraud exception that allowed the doj access to evan corcoran, trump s lawyer, his voice memos, that have played a huge role in the indictment. do you think there is a chance that judge cannon says that these emails cannot be used, or these voice memos cannot be used as evidence, none of the correspondence between corcoran and trump is admissible? and how much stock should we put in the 11th circuit in terms of acting as a check on judge cannon? so, a lot of complicated, difficult questions. alex, you know my crystal ball, i sort of not trotted out too often. i will do it in one regard here, to the last part of your question about the 11th circuit. the 11th circuit has a good track record, on this case in particular, but in general over the sway of time. ....

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MSNBC Alex Wagner Tonight June 4, 2024 01:15:00

Nowhere fast. in order to show prosecutorial misconduct like this, you d have to show some sort of actual malice on the part of the prosecutor, which just is not at all within the realm of possibility. but, i entirely agree with barr. that s exactly the type of motion trump would file. he will file a motion to try and relitigate the attorney-client fraud exception, even though our nation s second highest court we, the d.c. circuit, has already ruled on that and said that the evidence here show that trump was trying to use his lawyer in order to further a crime. that s why this really great privilege has been pierced. and to me, is giving out the big picture here is that when everything that we ve seen, every time trump opens his mouth, the case against him get stronger. every time one of his lawyers opens one of their mouths, it s clear that his defenses and these motions don t have any substance to them. ....

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