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Drudge Retort: The Other Side of the News
Friday, March 17, 2023

A federal court has ruled that Trump lawyer, Evan Corcoran, must provide testimony in the documents handling case. The ruling means the DoJ was able to establish that discussions between Corcoran and Trump may have been part of an attempt to plan a crime. Corcoran is the attorney who wrote the certification of subpoena compliance and instructed another of Trump's lawyers, Christina Bobb, to sign and turn over to federal investigations despite the fact that Trump remained in possession of subpoenaed documents.

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2015- We've got him!
2016- We've got him!
2017- We've got him!
2018- We've got him!
2019- We've got him!
2020- We've got him!
2021- We've got him!
2022- We've got him!
2023- We've got him!

Just not gonna catch on, are we?

#1 | Posted by orgasmdonor at 2023-03-17 08:41 PM | Reply

#1 | Posted by orgasmdonor

Are you bragging about the number of times trump's fascist cult has shielded him from accountability for his crimes?

#2 | Posted by SpeakSoftly at 2023-03-17 09:04 PM | Reply

#2

That's exactly what he's doing LOL

And will painstakingly shift the goal posts this time next week.

#3 | Posted by rstybeach11 at 2023-03-17 09:41 PM | Reply

What kind of loser gives himself the handle 'Orgasmdonor". Sounds like a pedo.

#4 | Posted by moder8 at 2023-03-18 12:11 AM | Reply | Newsworthy 3

MODER8

I'm surprised Orgasmdonor got past Rcade with that moniker.

#5 | Posted by Twinpac at 2023-03-18 12:23 AM | Reply

"What kind of loser...?"

The usual suspect: a runner from past posts because they're too chickenschitt to take responsibility for their history.

Always a MAGAt, usually a rider in the Kryers Klown Kar as well.

#6 | Posted by Danforth at 2023-03-18 12:24 AM | Reply

Fade OUT ~ Claudio
Fade IN ~ Rhymegunfighter

Fade Out ~ Rhymegunftghter
Fade IN ~ Orgasmdonor

Watch how they work.

This site is being spammed by a group of anti-America contrarians aka "squeaky wheels."

#7 | Posted by Twinpac at 2023-03-18 01:06 AM | Reply

Always a MAGAt, usually a rider in the Kryers Klown Kar as well.

I always thought it was just a Klub requirement or initiation thing.

#8 | Posted by REDIAL at 2023-03-18 01:25 AM | Reply

Orgasmdonor - This handle approved by IncelCorp, a subsidiary of Andrew Tate Industries.

#9 | Posted by zarnon at 2023-03-18 02:21 AM | Reply | Newsworthy 1

Posts 1-9 illustrate why I don't post much here anymore. That said.

I've seen some Buffoon rhetoric implying this is some kind of attack on a sacred right to a confidential attorney client relationship. Male bovine fecal matter.

With the Nixon subpoena cases the SC brought the "crime fraud exception" front and center when denying Nixon's attorney's assertion of attorney client privilege.

The ABA reports that Justice Blackmun described that exception in his 1989 opinion:

The attorney-client privilege is not without its costs. Since the privilege has the effect of withholding relevant information from the factfinder, it applies only where necessary to achieve its purpose. The attorney-client privilege must necessarily protect the confidences of wrongdoers, but the reason for that protection"the centrality of open client and attorney communication to the proper functioning of our adversary system of justice"ceases to operate at a certain point, namely, where the desired advice refers not to prior wrongdoing, but to future wrongdoing. It is the purpose of the crime-fraud exception to the attorney-client privilege to assure that the "seal of secrecy" between lawyer and client does not extend to communications made for the purpose of getting advice for the commission of a fraud or crime.
www.americanbar.org

Link to the opinion see section III. caselaw.findlaw.com

#10 | Posted by et_al at 2023-03-18 02:40 AM | Reply | Newsworthy 2

#10

The counter argument being the attorney-client privilege should be respected and upheld even in cases of potential future wrongdoing, as it serves to protect the confidential communication between attorney and client, which is essential for a fair and just legal system. This is supported by the American Bar Association's Model Rule of Professional Conduct 1.6, which states that a lawyer should not reveal information relating to the representation of a client unless the client gives informed consent or the disclosure is permitted by the rule. Additionally, the crime-fraud exception should not be applied too broadly, as it could lead to an erosion of the attorney-client privilege and the rights of the accused. This is supported by the Supreme Court of the United States' decision in Upjohn Co. v. United States, which stated that the attorney-client privilege should be "liberally construed to protect the rights of the accused." (Upjohn Co. v. United States, 449 U.S. 383 (1981)).

scholarship.law.upenn.edu

#11 | Posted by rstybeach11 at 2023-03-18 03:17 AM | Reply

#11 was aimed at ET_AL, hoping he comes back.

#12 | Posted by rstybeach11 at 2023-03-18 03:18 AM | Reply

I wonder how orgasmdonor gets past RCADE??

#13 | Posted by LauraMohr at 2023-03-18 03:51 AM | Reply

Well, I reckon this "woke" business is mighty peculiar, ain't it? There's them folks who go around claiming to be woke, but then they turn around and support them shady corporations, spoutin' off language that'd make a sailor blush, and ignorin' the struggles of those who need help the most. They cherry-pick their causes like it's a dang buffet, leavin' the rest to wither and die.

But true wokeness, now that's somethin' else entirely. It ain't enough to just be aware of the problems that plague our world, you gotta put your money where your mouth is, so to speak. You gotta show some heart and responsibility, or else you might as well be snoozin' with your eyes open.

Let's not just talk the talk of the "woke", let's walk the walk, too. Let's make sure our actions match our words, and let's make a real difference in this ol' world of ours. 'Cause the only way we can truly claim to be woke is if we're out there makin' a real difference, and doin' our part to bring about some real change.

#14 | Posted by rstybeach11 at 2023-03-18 03:52 AM | Reply | Newsworthy 1

Hold up, hold up, hold up. You expect me to just take your word for it when it comes to this "woke" business? I don't think so, buddy.

See, that's the problem with folks these days. They're so quick to claim they're woke, but they can't back it up with any real action or evidence. They're like a bunch of parrots squawkin' the same old tired buzzwords, but when you ask 'em to prove it, they got nothin' but hot air.

So forgive me if I'm a bit skeptical of your claims, my friend. You gotta show me the receipts, so to speak. You gotta prove to me that you're actually woke, and not just spoutin' off some nonsense to make yourself look good.

Until then, I'm gonna reserve judgment, and keep on callin' it like I see it. 'Cause when it comes down to it, actions speak louder than words, and until you show me some real action, I ain't buyin' what you're sellin'.

#15 | Posted by rstybeach11 at 2023-03-18 03:57 AM | Reply

The term "woke" has become nothing but a buzzword, a hollow vessel for people to fill with their own ego-driven fantasies of being socially aware. It's like they're all walking around in some sort of self-congratulatory haze, patting themselves on the back for being "woke" without ever actually doing anything of substance.

But hey, who am I to judge? Maybe that's just the world we live in now. A world where words are meaningless and actions are just a thing of the past. A world where everyone is "woke", but no one is actually awake.

So go ahead, keep on spoutin' off about how woke you are. But remember, at the end of the day, it's not about what you say, it's about what you do. And until you start taking real action to make a difference, your woke talk is just a bunch of empty words in a world that's already drowning in them.

"We were somewhere around Barstow, on the edge of the desert, when the drugs began to take hold." -- Hunter S. Thompson

And maybe, just maybe, that's where we are now. Somewhere on the edge of a desert, lost in a haze of meaningless words and empty promises, waiting for the drugs to wear off and for us to finally wake up to the reality of the world we live in.

#16 | Posted by rstybeach11 at 2023-03-18 04:01 AM | Reply

Yes, there are and should be broad limitations to invading the attorney client privilege.

I'm not gonna chase down rule 1.6. I'll just say other rules require us to be honest and forthright in upholding the rule of law in private, public and in court. That, imo, does not include facilitating a crime. That also encompasses a vast gray area.

Thus, in Zolin the Court rejected "independent evidence" evaluation of the exception and opted for an in camera review of the direct communications to evaluate whether the communications are potentially criminal.

So for now we know the District Court found some evidence of such criminality. Will it stand on the inevitable appeal>?

I'm guessing Nixonesque rulings in the in the end.

#17 | Posted by et_al at 2023-03-18 04:04 AM | Reply

Sure your "woke" rants don't belong on another thread?

#18 | Posted by et_al at 2023-03-18 04:05 AM | Reply

#17 | POSTED BY ET_AL

Yes, there should be broad limitations to invading the attorney-client privilege. The American Bar Association's Model Rule of Professional Conduct 1.6 states that a lawyer should not reveal information relating to the representation of a client unless the client gives informed consent or the disclosure is permitted by the rule. The Supreme Court of the United States' decision in Upjohn Co. v. United States also supports this, as it stated that the attorney-client privilege should be "liberally construed to protect the rights of the accused." (Upjohn Co. v. United States, 449 U.S. 383 (1981)). In the case of Zolin, the Court rejected "independent evidence" evaluation of the exception and opted for an in camera review of the direct communications to evaluate whether the communications are potentially criminal. However, it remains to be seen whether this ruling will stand on the inevitable appeal.

Hoping to avoid redundancy, but the attorney-client privilege is an important part of the U.S. legal system, as it allows for open communication between attorneys and their clients. This is essential for the proper functioning of our adversary system of justice, as it ensures that clients can speak freely and openly with their attorneys without fear of their confidential information being revealed. However, it is also important to ensure that the privilege is not abused and that it is not used to facilitate criminal activity. The Supreme Court of the United States' decision in Upjohn Co. v. United States acknowledged this, as it stated that the attorney-client privilege should be "liberally construed to protect the rights of the accused" while also recognizing that "the desired advice refers not to prior wrongdoing, but to future wrongdoing" (Upjohn Co. v. United States, 449 U.S. 383 (1981)). In the case of Zolin, the Court rejected "independent evidence" evaluation of the exception and opted for an in camera review of the direct communications to evaluate whether the communications are potentially criminal. This ruling is important, as it sets a precedent for the proper application of the crime-fraud exception to the attorney-client privilege and ensures that the privilege is not abused.

#19 | Posted by rstybeach11 at 2023-03-18 04:16 AM | Reply

The attorney-client privilege is an important part of the U.S. legal system, as it allows for open communication between attorneys and their clients. This is essential for the proper functioning of our adversary system of justice, as it ensures that clients can speak freely and openly with their attorneys without fear of their confidential information being revealed. However, it is also important to ensure that the privilege is not abused and that it is not used to facilitate criminal activity. To this end, the Supreme Court of the United States' decision in Upjohn Co. v. United States acknowledged this, as it stated that the attorney-client privilege should be "liberally construed to protect the rights of the accused" while also recognizing that "the desired advice refers not to prior wrongdoing, but to future wrongdoing" (Upjohn Co. v. United States, 449 U.S. 383 (1981)). In the case of Zolin, the Court rejected "independent evidence" evaluation of the exception and opted for an in camera review of the direct communications to evaluate whether the communications are potentially criminal. This ruling is important, as it sets a precedent for the proper application of the crime-fraud exception to the attorney-client privilege and ensures that the privilege is not abused. Additionally, it is important to consider the implications of the crime-fraud exception, as it could lead to an erosion of the attorney-client privilege and the rights of the accused if it is applied too broadly.

American Bar Association's Model Rule of Professional Conduct 1.6: www.americanbar.org

#20 | Posted by rstybeach11 at 2023-03-18 04:16 AM | Reply

Whoops!

#21 | Posted by rstybeach11 at 2023-03-18 04:18 AM | Reply

Sure your "woke" rants don't belong on another thread?
#18 | POSTED BY ET_AL

Come join the fun!

drudge.com

#22 | Posted by rstybeach11 at 2023-03-18 04:22 AM | Reply

@#10 ... It is the purpose of the crime-fraud exception to the attorney-client privilege to assure that the "seal of secrecy" between lawyer and client does not extend to communications made for the purpose of getting advice for the commission of a fraud or crime. ...

Thanks for that post. The part I quoted is a good summary of what I have heard the news commentators say.

I view it as two-fold...

1) the lawyer was part of the planning for the fraud or crime.

- or -

2) the lawyer was told of the planning for the fraud or crime.

At this [point, I'd say that we do not yet know whether it was (1) or (2) that caused this decision.

If (1), however, then the lawyer may face charges if there is evidence to show it. Of course, that might then lead to the lawyer making a deal with the prosecutors to testify against the main target of the investigation.

In other words, this loss of attorney-client privilege seems like a significant occurrence to my eyes.

#23 | Posted by LampLighter at 2023-03-18 10:56 AM | Reply

2) the lawyer was told of the planning for the fraud or crime.

Mere knowledge of the client's planning does not invalidate the lawyer's duty of confidentiality. That knowledge requires the lawyer to advise the client of the illegality of the plans, to advise the client to cease such plans and to withdraw from further representation if the client does not stop such plans. The failure to take such steps would then cause problems for the lawyer.

In other words, this loss of attorney-client privilege seems like a significant occurrence to my eyes.

Indeed. And there are others.

#24 | Posted by et_al at 2023-03-18 02:06 PM | Reply | Newsworthy 1

@#24 ... Mere knowledge of the client's planning does not invalidate the lawyer's duty of confidentiality. ...

OK...

... That knowledge requires the lawyer to advise the client of the illegality of the plans, to advise the client to cease such plans and to withdraw from further representation if the client does not stop such plans. The failure to take such steps would then cause problems for the lawyer. ...

Ahhhh... I didn't know that detail. :)

As always, thanks for your clarifications and explanations.

#25 | Posted by LampLighter at 2023-03-18 02:19 PM | Reply

#10 | POSTED BY ET_AL

For general understanding:

What if the "knowledge" is for advice about what is what is legal and illegal? Could that still be considered "illegality of the plans"?

Meaning there's the possibility of so much grey area, seems like the fraud would have had to have been committed and prosecuted to get to the point of revoking the privilege.

#26 | Posted by oneironaut at 2023-03-18 02:32 PM | Reply

" there's the possibility of so much grey area"

That's why you boil it down. When is the moment there was no illegality, and when did they cross the line?

It was in that meeting.

#27 | Posted by Danforth at 2023-03-18 02:37 PM | Reply

What if the "knowledge" is for advice about what is what is legal and illegal? Could that still be considered "illegality of the plans"?

No. Seeking legal advise about various options both legal and illegal is appropriate and one of the reasons for the breadth of the privilege. If the client plans to go forward with legal options then that would not be considered knowledge of illegal plans. If the client chooses to go forward with the illegal options then #24 is triggered.

Meaning there's the possibility of so much grey area, ...

Yes, vast grey areas as indicated at #17.

... seems like the fraud would have had to have been committed and prosecuted to get to the point of revoking the privilege.

Absolutely not.

#28 | Posted by et_al at 2023-03-18 02:49 PM | Reply

2015- We've got him!
2016- We've got him!
2017- We've got him!
2018- We've got him!
2019- We've got him!
2020- We've got him!
2021- We've got him!
2022- We've got him!
2023- We've got him!
Just not gonna catch on, are we?

#1 | POSTED BY ORGASMDONOR

---- me, this didn't age well, did it?

Trump is being arrested this week.

#29 | Posted by Sycophant at 2023-03-18 07:14 PM | Reply | Funny: 1

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