But that’s not the only precedent being set.In your average mob takedown, how many lawyers get crime-fraud excepted?
— emptywheel (@emptywheel) March 17, 2023
And how close is Trump to that number right now?
That we know of?
(As emptywheel points out elsewhere, Michael Cohen served time when his privilege was set aside due to a criminal involvement. There is a pattern here, and courts have grown comfortable granting the exception.)"monumental" [Reminder: This is almost certainly at least the fourth Trump lawyer whose comms were crime-fraud excepted in five years.]https://t.co/RmaQtuW504 pic.twitter.com/laQy8p6rUS
— emptywheel (@emptywheel) March 17, 2023
Since this ties this up rather neatly, let me just drop this here:Reminder that, with the addition of Evan Corcoran and (per ABC's report yesterday) Jennifer Little, 27 key witnesses or subjects in Jack Smith's twin investigations are lawyers. Will update later. https://t.co/Zti4optvYP
— emptywheel (@emptywheel) March 17, 2023
12/ What is most significant about this decision is what it means about Smith's investigation.
— Renato Mariotti (@renato_mariotti) March 17, 2023
It suggests he has developed significant evidence of obstruction related to the Mar-a-Lago documents matter.
It also suggests that he continues to push that investigation forward.
Smith has a lot of information, which he used to persuade the judge to set aside the attorney-client privilege (Corcoran told Christina Bobb that Trump had surrendered all the classified documents, when he hadn’t, and got her to give DOJ an affidavit to that effect. A false one, IOW.). And Smith clearly has a lot more evidence than we the public know about. Which is why it’s worth being patient.14/ The bottom line is that Corcoran is in a difficult position and Smith has a strong hand.
— Renato Mariotti (@renato_mariotti) March 17, 2023
Smith took a very aggressive position and won. He is not backing down from the Mar-a-Lago documents case, which remains the most difficult case for Trump to defend. /end
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