Kerik: “Nobody knows more about mob law than me.”
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Did not turn over: “DRAFT LETTER FROM POTUS TO SEIZE EVIDENCE IN THE INTEREST OF NATIONAL SECURITY FOR THE 2020 ELECTIONS.”
Claimed reason: Attorney work product.
But produced to the Committee: 22-page document , titled “STRATEGIC COMMUNICATIONS PLAN – GIULIANI PRESIDENTIAL LEGAL DEFENSE TEAM.”
Because, what? A strategic communication plan by the “Presidential Legal Defense Team” is not attorney work product.
This makes perfect sense because … something, something, trying to hide the worst stuff.
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He doesn’t have to be a lawyer to assert attorney work product.
“The work product doctrine states that an adverse party generally may not discover or compel disclosure of written or oral materials prepared by or for an attorney in the course of legal representation, especially in preparation for litigation.”
It’s a rebuttable presumption, which in this case means a way to stall the committee all the way to the Supreme Court.
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The privilege log is a list of documents that have not been turned over to the committee, but it gives the document seeker an adequate description of what the document is. It covers things like attorney work product, attorney-client, and deliberative process (like drafts). I for one think the document description is enough for it to be released to the committee, because it is describing criminal behavior (which is NOT protected by attorney-client or attorney work product privileges. LOCK HIM UP!!!
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“Mr. Kerik is a strong believer in our constitutional system of government and would have never participated in any effort to knowingly promote false claims,” Parlatore, wrote to the committee’s chair, Rep. Bennie Thompson. “He believed then, as he does now, that there were significant election improprieties and inconsistencies as well as evidence of possible fraud in the election that must be properly investigated."
So, he’s either an idiot or a liar. I’m gonna go with liar … and seditionist.
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In other news…
And nice to finally see some sort of “update” here at TPM…
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“Mr. Kerick is a strong believer in constitutional government and would never have participated in robbing a bank and beating the tellers over the head with gun butts. He believed strongly, and continues to believe, that all the money in the bank properly belongs to him, and that the tellers were terrorists working for a global child-sex and cannibalism ring.”
The really crazy thing is that it just might work.
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You’re right, the statement about the origination of the privilege log is ambiguous. And this is probably because the article was written by a non-lawyer, who is unfamiliar with the technicalities.
A privilege log is used when someone is obligated to turn over documents either by subpoena or discovery requests but he or she is claiming that they (the documents) are not subject to production because of privilege. As a result, the person with the documents who is claiming privilege comes up with a “privilege log” that describes the document generally and identifies the privilege being claimed. This is done so that the court or arbiter can evaluate the claim of privilege if push comes to shove and the claim of privilege is challenged.
My guess is that the privilege log itself was created recently and that documents for which Kerik is claiming privilege are dated December 17, 2020 and later.
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The 22-page document said its primary channels to disseminate messaging included”presidential tweets” as well as talk radio, conservative bloggers, social media influencers, Trump campaign volunteers and other media allies.
Since when does a legal defense plan primarily spend its time on bloggers, talk radio, and social media? No wonder they lost in practically every single court where they brought a case.
You don’t do this to prepare for a court fight. You do this to prepare for a street fight.
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Since the time of its inception when, as you suggest, it has absolutely no chance of working in any court of law.
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Would trump or minions be able to claim privilege for stuff prior to Biden’s inauguration when that claim is made after Biden took office? I would think this would not work.
I think you’re forgetting that Trump and Kerik are “Old School”, as in Nationalsozialistische Deutsche Arbeiterpartei.
“He believed then, as he does now, that there were significant election improprieties and inconsistencies as well as evidence of possible fraud in the election that must be properly investigated,” Parlatore continued.
Mr. Parlatore how many investigations, or recounts does your client need? Your client was in Law Enforcement, bigly, and yet the concept of evidence seems to have slipped his mind. Also since your client is now setting himself up as an election expert how many election investigations has he personally conducted?
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That legal defense involves the rabid MAGA mob, so maybe so. s/
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Imagine a 2022 when COVID is in the rearview mirror for the vast majority of the population, the economy continues to hum, folks feel less grumpy and actually appreciate what this Biden/Harris gov’t has done to restore and improve normal life, and this summer’s entertainment is the ‘People vs Donald Trump’ where Trump faces Congressional inquiries, federal inquiries and state/local inquiries from multiple jurisdictions. Pretty nice thought eh? Even better to add Dems winning the House and Senate elections in 2022.
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Hillary and Liz on the same side!
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I can’t wait for the public hearings. The recalcitrant fvlcks will be lining up to tell their stories after just a few more slap-downs by judges. Including SCOTUS. If it doesn’t go that way, US House and POTUS should blow the whistle on DOJ and SCOTUS. POTUS should take all executive measures necessary to lead SCOTUS back to reality, and to clean house at DOJ.
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For all her crowing this is actually a hit that she feels. Look how well it has worked out for her messiah, TFG. Without the megaphone of Twitter she will be diminished and she knows it.
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Ivanka- “Daddy you’re hurting my political future and my brand”
Those Chinese patents and Jarads Middle East investments that were negotiated while they were in the White House ought to deserve the same scrutiny.
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Thank you for this clear explanation.
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BTW, can some industrious reporter get Bill Barr on record as still supporting the Unitary Executive?
And does it apply to non-Republican presidents?
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