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Alt-J, "Get Better"

292
Dangerman7/06/2022 10:01:15 am PDT

re: #278 FFL (GOP Delenda Est)

Didn’t someone say that the attorney-client part would not fly since it can’t be used as an excuse for taking part in a criminal conspiracy?

this here says no privilege would probably work

Just Security

In my view, Cipollone has no valid legal basis to refuse to appear—and once in the witness chair, there are no valid claims of privilege that would permit him to refuse to answer questions relating to matters the committee is investigating.

as to attorney client specifically:

Second, whereas the White House Counsel represents the President in his official capacity, much (or all) of Trump’s conduct relating to the January 6 Committee was undertaken in his personal or campaign capacity. …

Trump’s efforts to corrupt and obstruct the Joint Session—including his incitement of an armed, violent mob to attack the Capitol—reflected his private pursuit of power, not any presidential function. Because he was acting only as a person seeking office (a.k.a., a candidate), he exceeded his official capacity and lost the prerogatives that come with it.

Cipollone’s communications with Trump on this subject thus did not occur between a government lawyer and his client, and so they are not privileged.