Monday, March 28, 2022

Crime-Fraud Exceptional.


From Kyle Cheney et al.  in Politico:

A federal judge ruled Monday that former President Donald Trump “more likely than not” attempted to illegally obstruct Congress as part of a criminal conspiracy when he tried to subvert the 2020 election on Jan. 6, 2021.

“Based on the evidence, the Court finds it more likely than not that President Trump corruptly attempted to obstruct the Joint Session of Congress on January 6, 2021,” U.S. District Court Judge David Carter wrote.

Carter’s sweeping and historic ruling came as he ordered the release to the House’s Jan. 6 committee of 101 emails from Trump ally John Eastman, rejecting Eastman’s effort to shield them via attorney-client privilege...



From Hugo Lowell in the Guardian:

...Trump and Eastman launched a campaign to overturn a democratic election in a strategy that was unprecedented in American history, (Judge) Carter said, describing their scheme as a “coup in search of a legal theory” and directly spurred the Capitol attack....


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Re: The post header, here's the exception..
."...Any legal 'communications that are criminal in themselves' (such as a fraudulent legal aid application) or are 'intended to obtain legal advice to facilitate criminal activities are not privileged'..."


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