Toensing Appeals In Bid To Force Gov’t To Return Phone It Took | Talking Points Memo

Call me when Merrick drops the defense of the E. Jean Carroll matter and explains what the hell took so long to drop the Russia leaks investigation.

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If they’re not careful, Vicky will tell Don Tr…p.Then they’ll be sorry!

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If you texted sensitive statements to the attorney then you’re the one putting them on their phone. But I do know one attorney who refuses to converse with clients via phone texts–voice only.

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Waiting for an amped-up squad of armed deputies to swarm HER house, then we’ll discuss overreaching law enforcement.

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Yeah, no. I only teach 1 college course per session, and I know better than to run everything from my phone.

ETA I was warned to NOT keep student material on my phone, because it would be seized if there were an investigation or records audit.

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That is something I would never do. Not quite as bad as email, but still open to snooping.

If I were a criminal, I would not discuss anything sensitive on a landline or cellphone. But she clearly has some dumb clients.

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Good luck with that.

She’s implicated simply by association. Those that have nothing to hide, hide nothing.

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'Oh sorry…I just REMEMBERED there was some stuff in there I don’t want you to SEE! Just give it back for me to review and I promise I’ll return it! ’ Good lord these people think they are entitled…

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That’s so cute.

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As head of an office that has more than 350 attorneys , Clarke will play a key role in the Biden administration’s efforts to enforce civil rights and voting rights laws and to investigate rogue police forces.

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“Oh, I’m not trying to hide any evidence or anything like that. It just took so goddamned long to download my emojis!” - Victoria Toenails, Legal Genius

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Delay. Delay. Delay. And if that doesn’t work. Delay.
That’s Trump’s MO too. Never get to the substance of a claim. Just delay and divert and deceive.

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That is exactly the Special Masters job - to figure out what is privileged and what is not. Everything that is not privileged goes to the prosecutor. Even if there was no special master appointed, there is a team that reviews all the material first for privileged material but the Special Masters is not part of the prosecutor’s office so there is more protection for the attorney and her/his clients.

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Waiting to hear the words “crime-fraud exception” to attitude-client privilege.

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Dead on dad.

Hey, Toensing, Rudi? Eff off.

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Well … specifically, a black woman who has advanced to that sort of position.

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Maybe he actually wants it to get conclusively disemboweled and defenestrated in federal court so he can soon tell powerful non-Democrats that he now has no choice, under the law, and not just in prosecutorial discretion…

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It feels like that should be the case, doesn’t it? But it’s actually the opposite.

Rules for the SDNY taint team is that they have to exclude any information that has a hint of attorney/client privilege. Even if the document clearly shows that a crime is being committed, the SDNY isn’t allowed to take that into consideration.

However, the Special Master is certainly allowed to take the crime fraud exception into account. So you would think they would want someone that was very, very conservative in that matter that wouldn’t pass much to the SDNY investigative team.

However, both Rudy Giuliani and Victoria Toensing agreed to use Special Master Barbara Jones who was the special master (and retired federal judge) that was used in Michael Cohen’s case. We know from experience that Barbara Jones is very liberal in qualifying documents under the crime fraud exception and passing it on to the investigative unit of the SDNY.

In other words, a very serious self own by objecting to the SDNY taint team and agreeing to Special Master Barbara Jones. They’re not very good at this lawyering thing.

Marcy Wheeler is all over this at EmptyWheel.

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I just hired an attorney to help with some matters regarding my father’s dementia and his estate. The first thing the lawyer said was to create a new email account solely for communication with his office.

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Hmmm… Claiming that your position makes you immune from criminal investigation… I wonder where they got that idea?

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