Post ASgbMxcSC7kSwczSHw by Teri_Kanefield@law-and-politics.online
(DIR) More posts by Teri_Kanefield@law-and-politics.online
(DIR) Post #ASgaUWNtEljUq7DfWK by Teri_Kanefield@law-and-politics.online
2023-02-14T23:48:19Z
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#DOJInvestigations It isn’t like TV courtroom drama, but . . .okay, it sort of is.A few days ago, Trump’s lawyer, M. Evan Corcoran, testified before the grand jury.https://www.nytimes.com/2023/02/14/us/politics/trump-lawyer-classified-documents-investigation.html?smid=tw-shareIt appears that he asserted attorney-client privilege to avoid answering questions.Prosecutors responded by invoking the crime-fraud exception. (A judge will rule on whether the exception applies.)The crime fraud exception basically means a lawyer can't help a client commit a crime.Well . . .1/
(DIR) Post #ASgabtLCHe7W46TTGq by CMDoran@masto.ai
2023-02-14T23:49:37Z
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@Teri_Kanefield If it walks like a duck, looks like a duck...
(DIR) Post #ASgaf9x6ykTOSBlbPc by Teri_Kanefield@law-and-politics.online
2023-02-14T23:50:15Z
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. . . that sound obvious, right?Well, it's a little more complicated. If you don't believe attorney client privilege can get complicated, see: https://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=3181&context=mlrAttorney-Client privilege is a rule that protects client confidentiality. For material to be privileged, it must be an actual client communicating with a lawyer about legal advice. If you tell your lawyer, "OMG something terrible just happened!" and you proceed to tell her that you participated in a bank robbery. . . 2/
(DIR) Post #ASgalp7KqF33rUj6Bc by GreenFire@climatejustice.social
2023-02-14T23:51:24Z
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@Teri_Kanefield Speaking of Trump and the privilege to not testify under oath, I wish people would start publicly questioning whether or not the reason that Pence is scared to testify is that he knows he would plead the 5th to some questions.
(DIR) Post #ASgaqTKlG8udkXDt68 by Teri_Kanefield@law-and-politics.online
2023-02-14T23:52:18Z
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. . . that would be privileged, otherwise clients would never be able to have candid conversations about possible crimes. I mean, prosecutors would love to be able to find out everything people tell their lawyers, but the law protects these communications . . . Unless a the client is in the process of committing a crime, or is planning on committing a crime.You can tell your lawyer you committed murder, but you can't get advice about how to hide the body.3/
(DIR) Post #ASgarQmoDVPA8bncVU by revndm@mastodon.social
2023-02-14T23:52:27Z
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@Teri_Kanefield I’m so tired of all of this…🫥
(DIR) Post #ASgb6zXbHXcqGt6bHE by Teri_Kanefield@law-and-politics.online
2023-02-14T23:55:12Z
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Getting testimony from a lawyer about a client always requires a few extra steps.A lawyer, to be cautious and get cover, might invoke the privilege and wait for a judge to say, "Nope you have to testify," so that the lawyer can show the client, "Look, buddy, I had no choice. I didn't just waltz in there are talk. I have a judge's order holding that the privilege doesn't apply in this case."Okay. It's not like TV, but still dramatic.Right?4/
(DIR) Post #ASgbMxcSC7kSwczSHw by Teri_Kanefield@law-and-politics.online
2023-02-14T23:58:10Z
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@revndm You should unfollow me or put me on mute. This will be going on for a while.
(DIR) Post #ASgbt4XK0nf1fGtyD2 by Teri_Kanefield@law-and-politics.online
2023-02-15T00:03:58Z
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I should add that this is a fairly aggressive move, and one that should rattle Corcoran (unless he was just looking for cover).To get the court ruling, the DOJ has to make demonstrate to a judge that a crime occurred.Note, though, that the evidentiary standard is lower.At a trial, the crime has to be proven beyond a reasonable doubt.This is a mere preponderance of the evidence.Preponderance of the evidence just means "more likely than not." The scale tips toward "crime." 5/
(DIR) Post #ASgcOxVDhPg77G7huS by revndm@mastodon.social
2023-02-15T00:09:43Z
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@Teri_Kanefield oh no sorry I wasn’t clear…just general exasperation…I follow you specifically to know what’s happening 👏🏻✌️
(DIR) Post #ASgcVuLXpd21M3uZAO by skua@mastodon.social
2023-02-15T00:10:58Z
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@Teri_Kanefield The DOJ believing they can convince the judge that the preponderance of evidence indicates a crime was committed is good news for democracy and the rule of law.
(DIR) Post #ASgkgYQyRPpqDI2Rhw by alfredo_liberal@universeodon.com
2023-02-15T01:42:32Z
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@Teri_Kanefield I never seen prosecutors seek this move before and never even knew what it does ty for your input.
(DIR) Post #ATibHAaF60rjsTvWhE by Eddiethebulldog@mastodon.social
2023-03-17T20:43:44Z
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@Teri_Kanefield @revndm I love what you do. Don't stop. Never stop. We're tired, but hopeful.