this post was submitted on 22 Oct 2023
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Semantics.

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[–] [email protected] 114 points 1 year ago (8 children)

What's the strategy in that? Claiming she was never his attorney forfeits what shreds of privilege might be left of their communications and is also one less person he can blame "advice of counsel" on.

[–] kmartburrito 39 points 1 year ago* (last edited 1 year ago) (1 children)

Nothing really counts anyway as I'm betting nearly all of their discussions involved crimes, which aren't protected by attorney client privilege.

It's funny though, trump acting like there isn't record of their relationship.

[–] PM_Your_Nudes_Please 23 points 1 year ago (1 children)

Minor correction: Admitting you committed a crime in the past is protected. The attorney can still tiptoe around the fact that they know you committed it, by defending you on procedural or clerical grounds. For instance, they can attack the evidence that has been submitted against you, because it was mishandled, or because the equipment used to gather it hadn’t been calibrated recently enough, or for any number of reasons. Even if they know you committed the crime, they can still ensure that your court proceedings are fair.

Admitting that you plan on committing future crimes is not covered. The attorney can’t be party to future crimes, and admitting you plan on committing crimes makes them a co-conspirator if they don’t rat you out.

[–] macrocephalic 2 points 1 year ago (1 children)

But if the attorney is party to the crimes then the discussion is not privileged (to my understanding).

[–] PM_Your_Nudes_Please 1 points 1 year ago (1 children)

Read my second paragraph, because I covered that already. The attorney can’t help you plan or execute future crimes, because that makes them a co-conspirator.

And from what I’ve read, that’s pretty much exactly what Trump tried to do. He apparently tried to use the “hypothetically if I were to commit this crime, what would be the best way to do it” method. The issue is that this is just a blatant attempt at getting around things, and courts don’t tend to like it when you try to skirt their rules.

[–] macrocephalic 1 points 1 year ago

To be pedantic, you specifically said future crimes. A discussion between a lawyer and a client, about past crimes where the lawyer was a participant in the crime are not covered.

[–] [email protected] 35 points 1 year ago (1 children)

Was mostly gone when she signed the plea deal. Crime-Fraud Exemption kicks in.

[–] [email protected] 18 points 1 year ago

To be clear, attorney-client privilege does not exist when the client and the attorney collaborated on committing a crime.

[–] TechyDad 15 points 1 year ago

Bets on him claiming that she was never his lawyer and yet attorney client privilege still applies for some reason?

[–] [email protected] 14 points 1 year ago (2 children)

He’s going to just say she’s fabricating everything. Probably will start insulting her about irrelevant things soon too.

[–] mrbaby 11 points 1 year ago* (last edited 1 year ago) (1 children)

She's not my type, believe me folks

[–] CADmonkey 1 points 1 year ago

If he says this I have to assume they've fucked.

[–] [email protected] 7 points 1 year ago (2 children)

I would love to see it, as that would be a violation of his gag orders.

[–] [email protected] 3 points 1 year ago

So in other words, he’ll definitely do it and face the serious consequences of the judge giving him a stern warning.

[–] [email protected] 1 points 1 year ago (1 children)

Have any of those been actually enforced yet?

[–] [email protected] 1 points 1 year ago (1 children)

Yes, he was fined $5K the other week and given further warning.

[–] [email protected] 2 points 1 year ago

That's like a judge fining me $1.

[–] [email protected] 9 points 1 year ago* (last edited 1 year ago)

Because his legal defense wasn't based on claiming attorney-client; it was based on the idea that he was just asking legal hypotheticals to / legal advice from legal experts

Now two of these lawyers have taken plea deals to (presumably) testify against Trump. Also, by virtue of the guilty plea in this case where Trump is a codefendant, that privilege would likely be voided anyway

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