Trump to ask judge to toss out lawyer notes in Mar-a-Lago documents case
Trump to ask judge to toss out lawyer notes in Mar-a-Lago documents case
Exclusive: if ex-president succeeds, prosecutors could be left with only a sliver of evidence for obstruction charge
Exclusive: if ex-president succeeds, prosecutors could be left with only a sliver of evidence for obstruction charge
Donald Trump is expected next week to ask the federal judge presiding in the criminal case over his retention of classified documents to revoke prosecutors’ access to memos made by his ex-lawyer that became key evidence of his efforts to obstruct the investigation, according to sources familiar with the plans.
The request will be made before US district judge Aileen Cannon at a sealed hearing Tuesday. The former president last month challenged prosecutors’ access to transcripts of voice memos made by ex-lawyer Evan Corcoran, but what Trump will seek behind closed doors has not been reported.
Trump’s lawyers are expected to argue that none of the memos should have been given to prosecutors on the crime-fraud exception, which allows prosecutors to see privileged communications between a defendant and a lawyer, if their legal advice was used in furtherance of a crime.
The request will be made before US district judge Aileen Cannon
so we all know how this will go
She'll need about 6 months to make a decision.
This is how two tiered justice systems looks like
This ain’t two tier. It’s rigged.
Never in human history has there been a peaceful cure for conservative fascism. Never.
Trump’s lawyers are expected to argue that none of the memos should have been given to prosecutors on the crime-fraud exception, which allows prosecutors to see privileged communications between a defendant and a lawyer, if their legal advice was used in furtherance of a crime.
They're expected to argue on the basis that these memos didn't amount to using Corcoran's legal advice.
But surely that's a moot point, because while Trump didn't use of any specific legal advice, he absolutely abused the privileged information obtained from Corcoran (such as the date of the inspection and the date of his return) in obstructing the return of classified documents to the whitehouse.
The memos make quite clear that Trump abused attorney-client privilege in furtherance of a crime. Plain and simple.
And I severely doubt Corcoran didn't know what Trump's intentions were with that information - and if not before, he certainly should've known afterwards when being "asked" to pluck out documents.
I legitimately have to wonder how it can be legal for Trump to be trialled by judges he put into power, and that have shown such clear and demonstrable biases in his favour - even going so far as to deliberately delay cases as far as legally possible.
As @ptz@dubvee.org put it, it's like he's got an extra special justice system especially for him - who knew all you needed to do was appoint your own judges.
The SC is dragging their feet on immunity too. I wonder if biden hypothetically drone striking trump would speed that decision up at all. I mean, can't try biden unless he's impeached, right?
The Court has to know that ruling a former President immune for breaking the law isn't a viable decision.
Like, it would immediately make any sitting President a king, and supercede the Court's power.
Which is why they'll wait, but rule he isn't immune. Not because it's the right thing, but because doing otherwise would make the Court less, and they're selfish fucks that want to be on top.
While this should be cut and dry, I have no confidence the judge appointed by convicted felon Trump will make the legally correct ruling.
"To prevent future misuse of these client-lawyer documents I order them all destroyed forthwith"
Asking to suppress the memos should be another criminal charge.