Tag: privilege

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OA693: Is It A Good Thing When Your Lawyer Is Subpoenaed by a Grand Jury to Testify Against You? (No.)

Today is a Rapid Response Friday, and Liz and Andrew break down all the developments with the two grand juries convened by Jack Smith to investigate Donald Trump’s various crimes. Oh, and we also analyze the released portions of the Fulton County grand jury report which reveals a bit more than you might think!

We’ve also learned that a bunch of Trump lawyers have been subpoenaed to testify or otherwise the subject of grand jury questions, and you may be wondering how that’s possible, and we walk you through when privilege is.. not privilege!

Notes
Unredacted portions of Fulton County SPGJ Report
https://s3.documentcloud.org/documents/23683158/2022-ex-000024-ex-parte-order-of-the-judge-5.pdf

FRE 501
https://www.law.cornell.edu/rules/fre/rule_501

Bobb says she’s not a lawyer in documents case
https://www.salon.com/2022/10/03/attorney-lawyers-up–and-says-shes-willing-to-cooperate-with-doj-in-mar-a-lago-case-report/

 NYT Epshteyn story
https://www.nytimes.com/2023/02/14/us/politics/trump-lawyer-classified-documents-investigation.html

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OA166: The Taint Team (& Also, Alex Jones)

In this rapid-response episode, Thomas and Andrew take a look at the attorney-client privilege issues relating to the FBI’s search of the offices of Michael Cohen, alleged lawyer to Donald Trump and… Sean Hannity?!?

First, we begin with a finishing move from one of our pro wrestler listeners, updating our story that we first covered in Episode 163.  (Is it the Million Dollar Dream?  Listen and find out!)

In the main segment, we break down all that happened (and all that’s yet to come!) in the ongoing legal case against Michael Cohen we first discussed in Episode 164.  How strong is Cohen’s argument that he’s entitled to protect the privilege of his legal clients?

After that, we take a  look at three lawsuits against Alex Jones and InfoWars and start the discussion about what to do about blatantly false, politically-motivated conspiracy theories.  Are defamation lawsuits the answer?

Finally, we end with an all-new TTTBE #72 about real property law.  If you’ve ever thought about playing along, just retweet our episode on Twitter or share it on Facebook along with your guess.  We’ll release the answer on next Tuesday’s episode along with our favorite entry!

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Show Notes & Links

  1. We first discussed the search of Cohen’s offices in Episode 164.  You can read Michael Cohen’s Motion for TRO, which was denied on Monday April 15, as well as his revised request for a special master, which remains pending.
  2. This is the Gilmore Complaint filed and Alex Jones, and here is a New York Times story on the other two defamation complaints filed by parents of victims of the Sandy Hook shooting.

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