Does anyone believe that anyone involved with TFG has thought things out this far?
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I stroke is not good enough, I wish for constant angina. I know that one doesn’t immediately die from a stroke, that one can come back. But I want no sympathy for Trump and his condition. I’m mean like that.
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Rhetorical question, I assume?
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The “Crime Fraud exception” to attorney client privilege could I believe apply to Eastman documents.
Plotting to overthrow the U.S. Government by force or violence is very much a crime as is suborning perjury in having a false slate of electors state under oath they are the real electors, and to the extent Eastman was a party to that crime, there is a serious question if the privilege even applies especially in regard to an “ongoing crime”.
Oh, and before someone who has never heard of the “Crime Fraud exception” tells me I am wrong, 25 years ago when I was working for the government and reviewing contracts came across some serious contract fraud which caused me to slum and work with criminal lawyers. As part of the conspiracy to defraud the Government, I was able to prove an attorney had become part of the conspiracy. The criminal lawyers at DOJ used what they called “the Crime Fraud exception:” to attorney client privilege to void much of the claimed privilege. What was important is that the DOJ was able to show this was an ongoing crime.
The point of all this is if Eastman was helping to further a crime, which is almost certainly the case, and especially if it is an “ongoing” crime, claims of attorney client privilege could be voided.
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I appreciate the Judge’s methodical approach - and there will be more; this is by no means done, but when it is you may well be right.
Serious question: didn’t Eastman try to walk back his proposal, as by saying that it wasn’t intended as a serious plan, and that no rational being would ever follow through on it, etc.? Or has he since walked that back? If he hasn’t, then how could emails, text messages, etc. detailing this scheme constitute legal advice? Aren’t they just gratuitous musings made by someone who happens to be an attorney, like discussing the text of a planned law review article, or recommending to TFG that he not serve pulled pork sandwiches if he invites the Taliban to Camp David for a 9-11 commemorative? why would an evidentiary privilege attach to that? I grant that there may be other evidence containing privileged communications, but I’ve viewed the “so here’s what we propose” scheme as forming the critical mass of his effort, such as it was.
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You know, we were all a bit taken aback when what he said about McCain didn’t cause a collapse of support. I guess most of us see now that such a collapse will never happen in the way we envisioned. But a collapse of the omerta among his inner circle would sure take the sting out of it. 
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One can hope.
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Yeah - @txlawyer was saying on another thread that he thought the fraud exception would apply. I don’t see why not.
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Watching them tighten the noose around that fat neck is pure pleasure. Glad we are all here to share in the slow tortuous demise of our national nightmare.
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Rookie mistake Eastman! Anybody who’s studied Perry Mason knows to issue their client a receipt for the 38 cents in their pocket for just such contingencies.
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If that’s true, and it most likely is, how long will it take to bring this question to a close and get on with it?
If Eastman seriously has nothing to validate his claim, this is no longer an issue and no more delays are possible.
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I’m not going to tell you you’re wrong about the crime/fraud exception, because I believe it does apply to any of Eastman’s otherwise-privileged communications about the J6 attempted electoral coup. And it’s worth pointing out that Michael Cohen and Rudy Giuliani both appear to have decided to just let investigators have a ton of otherwise privileged communications rather than try to fight whether they were crime/fraud excepted. Eastman may be dumb enough to have (and lose) that fight.
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Should be a revealing insight into the extent of the grift between the various incestuous, Rump-loving, legal slush funds.
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Trump was laying the ground work for tossing out all absentee ballots before the election…Note that all absentee ballots are themselves a paper trail.
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None of those things are necessary to create an attorney-client relationship. If Trump sought legal advice from Eastman and Eastman gave it to him, that’s an attorney-client relationship. And either Trump or Eastman can prove it up by affidavit or sworn declaration.
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Shorter Eastman: Wait! Wut? Who knew that the role of consigliere was not automatically an attorney/client relationship?
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True enough, but Donnie is losing political altitude, and that makes it easier for those few GQPers with both brains and personal morals to glance in his general direction and say, “Get thee behind me, Satan!”
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Not necessarily disagreeing with you, just suggesting that the feeling is often mutual. Sayin,
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Enough about @castor_troy, it’s your opinion on John Eastman that interests me.
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Eastman should have found a Texas law school to lurk in while waiting for his great chance. Dude just doesn’t think ahead.
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