ST Alpha - "Ignoring the POTUS aspect for a moment, how does attorney/client privilege work when an attorney records something that the government legally takes? -- nm" (Reading a Post)

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Ignoring the POTUS aspect for a moment, how does attorney/client privilege work when an attorney records something that the government legally takes? -- nm

Posted by David (aka David) Jul 20 '18, 09:34

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Responses:

[deleted]
Iinm, the Justice dept has a separate team review the materials so the investigators never see anything that might be privileged. -- nm - znufrii Jul 20, 09:47
If it is truly privileged it is inadmissible and should not be seen by the investigators (and I assume if they see it and use the information to find -- (edited) - pmb Jul 20, 09:40 10 1
- Just to see if I get this - if the recording is something like "Sure, send her the cash. Take it out of the campaign fund." - Johnny Lawrence Jul 20, 09:43 9
  - Basically, yes. Conspiring with a client to commit a crime is not privileged. But a client seeking advice for something they did, is. -- nm - pmb Jul 20, 09:45 8
    - Why would Cohen have "secretly" recorded it? -- nm - prayformojo Jul 20, 09:47 7
      - To cover his own ass if his client later tries to claim they didn’t say something that they had. -- nm - znufrii Jul 20, 09:48 6
        
        Gotcha. Thanks. -- nm - prayformojo Jul 20, 09:51 3
        
        It’s an important safeguard when your client is a pathological liar, among other things. -- nm - znufrii Jul 20, 09:57 2
        
        and it's legal to do that? -- nm - prayformojo Jul 20, 10:01 1
        
        Eh? -- nm - znufrii Jul 20, 10:08
        
        Yep. Don can't say Cohen acted on his own if he's on tape telling Cohen to act. -- nm - TWuG Jul 20, 09:50 1
        
        And then there's just the possibility he wanted leverage over Trump in case he needed it in the future. -- nm - pmb Jul 20, 09:53
I'm guessing it's fruit from the poisoned tree and therefore inadmissible? -- nm - LMS Jul 20, 09:36 4
- But isn't that the entire point of getting a warrant to search someone's home? The police are seeking incriminating evidence. -- nm - David Jul 20, 09:38 3
  - My guess is that if the recording contains evidence of a crime that both the client and lawyer are involved it, it won't be considered privileged - TWuG Jul 20, 09:42
  - I need to see if there's an episode of The Good Wife that covers this! -- nm - LMS Jul 20, 09:40 1
    - 😜 -- nm - David Jul 20, 09:42

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