Exclusive: Trump's secret court fight to stop grand jury from getting information from his inner cir

[pnwmom]

Source: CNN

(CNN)Former President Donald Trump's attorneys are fighting a secret court battle to block a federal grand jury from gathering information from an expanding circle of close Trump aides about his efforts to overturn the 2020 election, people briefed on the matter told CNN.

The high-stakes legal dispute -- which included the appearance of three attorneys representing Trump at the Washington, DC, federal courthouse on Thursday afternoon -- is the most aggressive step taken by the former President to assert executive and attorney-client privileges in order to prevent some witnesses from sharing information in the criminal investigation events surrounding January 6, 2021.

The court fight over privilege, which has not been previously reported and is under seal, is a turning point for Trump's post-presidency legal woes.

How the fight is resolved could determine whether prosecutors can tear down the firewall Trump has tried to keep around his conversations in the West Wing and with attorneys he spoke to as he sought to overturn the 2020 election and they worked to help him hold onto the presidency.

Read more: https://www.cnn.com/2022/09/23/politics/trump-grand-jury-court-fight/index.html

[H2O Man]

1. Recommended.

I find the reporting on this interesting. Trump's team said last week that the number of subpoenas that went out was more than 40, and more likely between 50 and 75.

[barbtries]

2. in my book

his public actions, statements, and inaction once the insurrection began should be plenty.

[oldsoftie]

3. only communications between him and his attorneys should have any protection.

Anyone else tough shit.
And just BEING a lawyer isn't enough. DC is full of them. They'd have to be officially retained by him

[LiberalFighter]

24. Even then the attorney can't be involved in the crime

[ancianita]

4. When has a federal judge ever ruled against what federal grand juries want?

Cipollone and Philbin have already testified before a federal grand jury, and didn't even try invoke their attorney-client privilege, so I doubt Trump's privilege argument will hold, now that he's not president.

[Jarqui]

6. Cipollone & Philbin relate to the White House Counsel

They're paid for by the government to provide legal advice to the Office of the President.
They are not personal lawyers so attorney-client privilege doesn't apply with Trump.

They can invoke executive privilege when facing questions from Congress.
It is harder for them to invoke executive privilege when facing the DoJ because the DOJ are a part of the executive branch. It is even tougher if the DoJ are looking into a criminal matter as Nixon found out.

I suspect the care they spent discussing this with DoJ was to make sure Trump couldn't cry foul and scuttle their case.

[ancianita]

7. Right.

So my prediction is that the court won't rule against the federal grand jury.

[Jarqui]

8. Few legal disputes are 100% certain

But I'd say your prediction is a pretty good bet.

[Kablooie]

10. Depends on what SCOTUS decides for Trump.

Trump will take every single issue up to the Supreme Court to decide.
First it creates a long delay to work up to SCOTUS and second, they will possibly rule in Trump's favor.
If they don't he will find a new objection to whatever is being thrown at him and that can then slowly move up the chain to SCOTUS again.

I still think Trump may escape all the cases against him no matter how bad it seems for him.
His bag of tricks, most of which are legal, can be used over and over and over again to prevent any issue from ever reaching a trial.
This combined with many judges biased in his favor, possibly including SCOTUS, is a strong protection from ever being brought to justice.

[ancianita]

12. If that's what happens then there is no justice. There's JustUS.

I doubt that SCOTUS, however, will set a precedent of denying any federal grand jury. The jury system is the heart of constitutional jurisprudence. John Roberts won't want that as his legacy.

[Kablooie]

14. Probably not but I'm sure it won't be legally decided until it reaches SCOTUS.

And who knows, they may think like Cannon that being an ex Republican president gives him special privileges.

[ancianita]

15. Well,

if they do, they will have proven their rulings can never be trusted as constitutional. And therefore will have rendered the judicial system illegitimate and useless. There goes democracy. Teh founders never would have imagined this would end their "great experiment."

[magicarpet]

5. Conspiracies to commit illegal conduct and behavior,...

..... pierces the doctrines of Attorney/Client Privileges,... does it not ?

In tRump's case the criminal intentions were so blatantly and clearly obvious - the even remote idea of claiming Attorney/Client Privilege should properly be booted and laughed right out of the room.

What special PRIVILEGES does tRump now think he is entitled ?

[LiberalFighter]

11. Too bad judges can't play a laugh track when it happens.

[empedocles]

9. The hourly rate, of 3 to prepare and be in court, will cost, if prepaid?

[orangecrush]

13. KICK

[cstanleytech]

16. So does attorney client privilege still apply if the attorneys knew that a crime was going to be

committed and or suspected it was going to be committed by their client? Also if they knew would they be considered accomplices?

[Omaha Steve]

17. Kick

[KS Toronado]

18. Seen a clip on the evening news Thursday

of the 3 attorneys leaving the courthouse, none looked very happy.
Good sign they got their asses kicked.

[Initech]

19. Every abuser has enablers! Time for the enablers to go down with the ship!

[erronis]

20. I had read this before, but a good discussion on your post, pnwmom.

We have some pretty intelligent (IMHO) people frequenting DU.

Empty Wheel (https://emptywheel.net) gets into more of the details of this whole sordid mess with some additional fantastic commentators.

[pnwmom]

22. Yes, there are lots of smart people here -- and thanks for the Empty Wheel link.

Her point of view is always helpful.

[Novara]

21. There's no such thing as "privilege" with witnesses, motherfucker.

He can't stop investigators from questioning WITNESSES to the biggest crime in this country's history.

[Brainfodder]

23. SECRET?

The line of a desperate jackass if I've ever heard one?
Might as well have said:
'Your honor, if you talk to these people, you mind find something!'

Wondering how much they have on the Jeffrey angle?

World record $ grubber/scrooge?

Earth's Top Jerk is still roaming free!

[ck4829]

25. K&R

Last edited Mon Oct 3, 2022, 09:37 AM - Edit history (1)

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