ST Alpha - "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."" (Reading a Post)

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In response to "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)" by pmb

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."

Posted by Johnny Lawrence (aka Jim) Jul 20 '18, 09:43

Since that hasn't happened yet - it's not privileged?

Whereas, "Yeah, I took the money from the campaign fund to shut her up" would be, because it already happened?

In very simple terms, of course.

Responses:

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

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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."

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