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Furtherance of a crime or fraud. that is this crime/fraud exception that would allow them to overcome the attorney/client privilege and basically force him to answer questions that typically he wouldn't have to. but we should note, look, we don't know how this is going to end up. it will go to a judge. they have to make a decision based on the merits here. >> ellie, so a judge has to decide whether a crime was actually committed? >> exactly, anderson, so prosecutors here bear the burden of going to a judge and trying to pierce or get through the attorney/client privilege. one of the ways you c...

Here? there is an exception to attorney-client _ here? there is an exception to attorney-client privilege - here? there is an exception to attorney-client privilege call. here? there is an exception to i attorney-client privilege call the attorney—client privilege call the client fraud exception that allows investigators to talk to a lawyer, compels a lawyer to talk to investigators if he's talking about a client who is discussing a crime or trying to get the lawyer to help him commit a crime. in other words, what you say to a lawyer is usually privilege but if you tell a lawyer how do i cov...

You can compare the last special counsel investigation into obstruction with this special counsel investigation into obstruction. we refer to it as the two prongs of the mueller probe, and what seems to be the difference is that in don mcghan, he had a lawyer who was skilled enough and smart enough not just to take notes but have a chief of staff that took notes and to know where the lines were and retain a skilled lawyer to make sure he didn't cross any of them. in this case, it sounds like potentially, this special counsel is trying to figure out bobb and corcoran came on the other side of t...

Actually can be part of it or is a conduit for the clients to engage in crime. and when that happens, and the judge finds that by a preponderance of the evidence that is more likely than not, then the attorney client privilege and the work product privilege go away. and that is what judge carter found again, today, he had previously found that with respect to certain documents, with respect to mr. eastman, and mr. trump, communicating with each other. related to the obstruction of the congressional votes. here, he finds that, again, with respect to some of the documents, and goes further to sa...

So normally, a defendant who is speaking with her counsel is entitled to say that those communications between the client and counsel are privileged. meaning that the government has no business poking its nose into what those communications are. because it's necessary in order to prepare and have a defense. that's the normal role. is that you have an attorney client privilege, and actually, it's something called the work product privilege, which is similar. however -- every now and then, although it is rare, the government makes an allegation that the attorney is engaging in those communicatio...