Judge Orders Eastman To Prove That He Has A Real Reason To Assert Attorney-Client Privilege Over Trump Docs

The federal judge overseeing ex-Trump legal adviser John Eastman’s battle against the House Jan. 6 Committee on Monday ordered the lawyer to back up the attorney-client privilege claims he’s made as he seeks to shield his communications with ex-President Donald Trump and others from the committee.


This is a companion discussion topic for the original entry at https://talkingpointsmemo.com/?p=1405128

I just want to know how long Eastman has this idea of how to overturn an election sitting on his computer?

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So he has to prove TFG paid him?

LOL good luck John.

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Wouldn’t Trump have had to have paid Eastman a retainer? Trump never pays

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Well, this is fun.

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probably needs to prove he entered into a contractual legal representation relationship with Trump, not sure proof of payment is required, but IANAL

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He needs to have white shoes, for starters.

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actually, it would be nice if every judge dealing with these clowns required proof of a formal contract with TFG for legal counsel. Since we know he loves destroying documents I wouldn’t be surprised if nothing was ever written down

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Don’t you just hate it when people who are much, much smarter than you call you on your bullshit?

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The DOS prompt might be an indicator.

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how are things working out for the “I demand the right to speak in court because I have a very high legal IQ” guy?

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3…2…1… But but but Judge Carter was appointed by Bill Clinton, so how could it be fair!

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No he doesn’t have to prove Trump paid him, but he does have to establish that his relationship with Trump or others was an attorney/client relationship. Merely working in a campaign doesn’t do the trick. Neither does being a co-conspirator to overthrow the United States government. It is a relatively low bar but in this case it might be a stretch for Eastman and Trump.

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How will he try to wriggle out of this (entirely reasonable and utterly predictable) request from the judge? Declaring he has a pro bono retainer agreement but it’s, uh, classified? That it’s covered by presidential privilege somehow? That he totally has one but it’s in his other pants?

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EASTMAN:
Uh well… um… you see we had this sort of “unspoken understanding” … that type of a defacto “relationship” that is formed between individuals of like minds … kind of “kindred spirits”
so you see your honor, the “attorney - client” relationship was a very profound and yet ethereal one - a convergence of principles and priorities that transformed into a common vision that involved advise and counsel regarding a multitude of pressing matters of great confidentiality.

JUDGE:
YEAH, yeah … show me the receipts… the retainer … the billing …

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I was listening to the terrific Sammy the Bull podcast (“Our Thing”), about life in the mob.

https://sammythebull.com/?v=e748b7c8fd06

About written evidence:
When the investigators speak on the podcast, it’s clear:

  1. They can bug ANY room they want to. It’s amazing what they get bugged, and
  2. Mobsters don’t even SAY anything incriminating unless they are completely certain no one will hear, and even then, very rarely.
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Eastman will likely clear the bar - if he’s filed shit for TFG that’s probably enough and I think he has.

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He’s filed shit all over the place but I don’t think any had TFG’s name on them. They were all for committees or campaigns or some organization or other, IIRC.

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First, you don’t need a retainer or a payment to establish an attorney-client relationship. When I was a practicing lawyer (now retired) if someone asked me for legal advice at a cocktail party that was covered.

Second, the privilege only covers what the client told the attorney and the attorney’s response. It doesn’t cover an unsolicited piece of legal advice.

Third, there is a “crime/fraud” exception. If the mob attorney is asked if putting Louie in the East River would solve the Boss’s problem, there is no privilege there.

So it looks to me that the attorney here will have to produce the documents.

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