{"id":2063415,"date":"2023-10-11T12:54:03","date_gmt":"2023-10-11T16:54:03","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/doj-says-trump-may-lose-attorney-client-privilege-in-his-defense-strategy\/"},"modified":"2023-10-11T12:57:13","modified_gmt":"2023-10-11T16:57:13","slug":"doj-says-trump-may-lose-attorney-client-privilege-in-his-defense-strategy","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/doj-says-trump-may-lose-attorney-client-privilege-in-his-defense-strategy\/","title":{"rendered":"DOJ warns Trump&#8217;s defense strategy risks losing attorney-client privilege."},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">18<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fdoj-says-trump-may-lose-attorney-client-privilege-in-his-defense-strategy%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2063415&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><blockquote>\n<h2>Special Counsel Files Motions to Hide Juror Identities\u200b from Trump in Election Interference Case<\/h2>\n<p>Special counsel Jack Smith&#8217;s\u2063 office filed two motions on Tuesday, in which\u2063 it pressed for the defense&#8217;s legal strategy, and asked the court\u2062 to potentially\u200b hide juror identities from former President Donald Trump in the federal criminal case against him in Washington alleging he illegally interfered \u200dwith the \u200c2020 elections. \u2063The filings note that the defense\u2063 has opposed both motions.<\/p>\n<p>The prosecutors argue that President Trump \u2062has talked publicly about using an advice-of-counsel defense, which would allow him to say that he\u200c was acting on the legal advice of attorneys when he challenged the 2020 election \u200cresults. If the former president uses such a defense, however, &#8220;he waives\u2062 <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/attorney-client-privilege-federal-prosecutors-for-sdny-working-to-seize-rudy-giulianis-emails\/\" title=\"\u201cAttorney-Client Privilege?\u201d \u2013 Federal Prosecutors for SDNY Working to Seize Rudy Giuliani\u2019s Emails\">attorney-client privilege<\/a> for \u2064all communications concerning that defense,&#8221; the filing reads.<\/p>\n<p>That \u2063would mean \u200cadditional evidence available to \u2064the prosecutors, so\u200c the government is asking that President Trump declare to the court now if he means to pursue this legal \u200dstrategy, so\u200d that the evidence can be shared with the prosecutors before the trial.<\/p>\n<\/blockquote>\n<h2>Related Stories<\/h2>\n<ul>\n<li>\n    <a href=\"http:\/\/www.theepochtimes.com\/us\/trump-vows-to-re-impose-travel-ban-on-countries-that-back-terrorism-after-hamas-attack-on-israel-5507429?ea_src=author_manual&#038;ea_med=related_stories\"><strong>Trump Vows to Re-Impose Travel Ban on Countries That Back Terrorism After\u200c Hamas Attack on Israel<\/strong><\/a><br \/>\n    <br \/>\n    <span class=\"text-comp-caption\">10\/10\/2023<\/span>\n  <\/li>\n<li>\n    <a href=\"http:\/\/www.theepochtimes.com\/us\/trump-says-attack-on-israel-a-sign-world-war-iii-is-coming-5506906?ea_src=author_manual&#038;ea_med=related_stories\"><strong>Trump \u2063Says Attack on \u2064Israel a Sign World War \u200bIII Is Coming<\/strong><\/a><br \/>\n    <br \/>\n    <span class=\"text-comp-caption\">10\/9\/2023<\/span>\n  <\/li>\n<\/ul>\n<p>&#8220;Presumably he would try to rely on, for example,\u2064 the &#8216;very \u2063detailed memorandum from a constitutional expert&#8217; his counsel\u200d described in an interview, \u200cand \u2063therefore would need to \u2064identify that document on\u2062 his exhibit list,&#8221; the filing reads.<\/p>\n<p>The prosecutors also note that while investigating the case, 25 witnesses withheld information and \u2062evidence under attorney-client privilege &#8220;where the privilege holder appears to be the defendant or his 2020 presidential campaign.&#8221;<\/p>\n<p>&#8220;These included \u200bco-conspirators, former campaign employees, the campaign itself,\u2064 outside attorneys, a non-attorney intermediary, \u200dand even\u2063 a family member of the\u200c defendant,&#8221; the filing reads. Presumably some of these \u200bcommunications would become\u2063 available to the prosecutors if President Trump moves forward with this defense\u200c and the judge\u2062 requires it.<\/p>\n<h2>Attorney Emails, Memos Would Become Evidence<\/h2>\n<div class=\"my-5\">\n<p>However, this waiving attorney-client privilege would hurt several \u2062of President Trump&#8217;s co-defendants in \u2063another case.<\/p>\n<p>In Georgia, \u200dPresident Trump was separately indicted in state \u2062court for challenging the 2020 elections; similar\u200d to the federal case, the charges involve conspiracy and allege \u2064he\u2064 acted illegally to <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/doj-says-trump-may-lose-attorney-client-privilege-in-his-defense-strategy\/\" title=\"DOJ warns Trump's defense strategy risks losing attorney-client privilege.\">knowingly overturn accurate results<\/a>.<\/p>\n<p>Several of \u2064his 18 \u200bco-defendants were attorneys retained by or associated with him: former \u2062federal prosecutor Sidney Powell, former New York Mayor Rudy Giuliani, and attorneys\u2063 Kenneth Chesebro, John Eastman, Jenna Ellis, Ray Smith, and Robert Cheeley.<\/p>\n<p>Mr. Chesebro and Ms. Powell are \u200dthe only\u2064 two defendants to have demanded a speedy trial, and will \u2063be tried together in\u200b less than two weeks. In pre-trial motions, Mr. Chesebro, who was retained by the Trump campaign, has been fighting to\u2064 keep his emails private.<\/p>\n<\/div>\n<p>The Fulton County prosecutors have\u2064 entered five of\u2062 Mr. \u2064Chesebro&#8217;s emails into evidence, including one\u200c that had been leaked to the press, that \u2062outline several legal paths and outcomes President Trump could use to challenge the election in states where he suspected fraud.<\/p>\n<p>The Fulton County co-defendants were charged with racketeering\u2062 under the state&#8217;s Racketeer Influenced and Corrupt Organizations Act, and the indictment \u200clists\u200d 161 acts of racketeering. Many \u200dof the acts naming the attorneys are the sending of emails, legal \u2064memos, and attending\u2063 meetings with \u200ctheir \u200bclient.<\/p>\n<p>On Tuesday, Fulton County\u2063 District Attorney Fani Willis argued\u2062 that the emails \u200dMr. Chesebro refers \u2063to \u200care not legal advice protected by attorney-client privilege, but \u2063political acts and advice admissible as evidence in\u2064 court.<\/p>\n<p>Should the emails be deemed inadmissible by the Fulton County \u200bSuperior Court, the prosecutors could be left with a thin case, as most of the\u2063 acts involving the attorneys have to do with these communications they argue are protected by attorney-client privilege.<\/p>\n<p>If the <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/trump-announces-new-legal-team-for-impeachment-defense-after-previous-team-collapsed\/\" title=\"Trump Announces New Legal Team For Impeachment Defense After Previous Team Collapsed\">federal district court<\/a> in Washington accepts \u2062the communications as evidence, it is likely \u2063the Fulton County prosecutors will make arguments to do the same, or be able to rely on any \u2063presented evidence as it is made public.<\/p>\n<div class=\"my-5\">\n<p>One of Mr. Chesebro&#8217;s emails, the one leaked to the press, has already\u200c been used against attorney Mr. Eastman in trial as he\u2062 faces \u2064disbarment in California.<\/p>\n<\/div>\n<h2>Juror Identities<\/h2>\n<div class=\"my-5\">\n<p>Also \u2062on Tuesday, the federal\u200d prosecutors filed \u2064a motion to keep\u200b President Trump from looking up potential jurors&#8217; social media, citing a post he made last week while attending his <a href=\"https:\/\/www.theepochtimes.com\/us\/takeaways-from-day-one-of-the-trump-trial-in-new-york-5502573\" target=\"_blank\" rel=\"noopener\">civil\u200c fraud trial<\/a> \u2064 in New \u2063York. He \u200chad <a href=\"https:\/\/www.theepochtimes.com\/us\/ny-judge-issues-gag-order-after-trump-targets-clerk-5503336\" target=\"_blank\" rel=\"noopener\">named the judge&#8217;s clerk<\/a> and shared \u200cher social\u200d media account, which the prosecutors cited as\u200c an example of\u2062 &#8220;cause for concern about what he may do with\u200d social media research on \u200bpotential jurors in this case.&#8221;<\/p>\n<\/div>\n<p>The government\u200d is proposing\u200c that jurors\u200b be pre-screened through a questionnaire, which would reveal the identities of the jurors before the in-person selection, and asked the court\u2062 for additional restrictions to keep the jurors&#8217; identities private.<\/p>\n<p>It&#8217;s standard practice \u200cto \u2063do social media\u2063 research, but the prosecutors argue that President Trump\u200d has\u2064 a history\u2064 of \u2063&#8221;using\u200d social media to attack others&#8221; \u2064and so certain restrictions should be in \u2062place to prevent this.<\/p>\n<p>&#8220;The parties should thus be precluded,\u200b during jury selection and trial, from asking to &#8216;follow&#8217; or &#8216;friend&#8217; anyone, or make any\u200b analogous affirmative request, to gain access to posts or profiles that are not otherwise publicly available,&#8221; the filing\u200c reads, suggesting penalties should be in place if President Trump reveals the identities of any jurors or potential jurors to the public.<\/p>\n<p>They note that juror identities were also kept from President Trump in the \u200dcivil case against him\u2062 earlier this year, brought by writer E. Jean Carroll in New York. The Fulton County court has also ordered that juror identities be kept secret, though several media outlets had \u2063argued to have them made public.<\/p>\n<p> <\/p>\n<h2> How might \u200dthe decision to waive attorney-client privilege in the federal \u200bcase impact the separate case in \u200bGeorgia against President Trump\u2063 and his co-defendants?<\/h2>\n<p><span>  \u200d In a recent development in the federal criminal case against\u200d former President Donald Trump in Washington, special counsel Jack Smith\u2019s office has filed two motions\u200d to potentially hide juror identities from Trump. The defense \u2063has opposed both motions. The motivations behind these filings are twofold. \u2063Firstly, the prosecutors\u200b argue that Trump has publicly spoken about using an advice-of-counsel defense. \u2062This defense would enable him to claim that\u2062 he was\u2064 acting on \u200cthe legal advice \u2063of attorneys when he challenged the 2020 \u2064election results. \u200dHowever, if\u200c Trump chooses to rely on this defense, he will \u200d&#8221;waive attorney-client privilege \u2064for\u200b all communications concerning that defense.&#8221; This would \u2062mean that additional evidence would be available to the prosecutors. Therefore, the government is asking \u2062Trump to declare his intention to pursue this legal strategy so that the evidence can be shared with \u200bthe prosecutors\u200b before the\u2063 trial.<\/p>\n<p>The filings \u2064also highlight that during\u2064 the\u200c investigation of the case, 25 witnesses\u200d withheld information and evidence under attorney-client privilege. It is believed that these privileged communications involve \u2063the defendant, his 2020 presidential campaign,\u200b co-conspirators, former campaign employees,\u2063 outside attorneys, a non-attorney intermediary, and\u200d even a family member of the defendant. If Trump proceeds\u200c with the advice-of-counsel defense and the judge requires it,\u200c some of these communications may become accessible to the prosecutors.<\/p>\n<p>However, it is important to note that waiving attorney-client privilege in this federal \u200dcase could have \u200dimplications in a separate case in Georgia. In the state court, President Trump faces charges related to challenging\u2063 the 2020 elections. Several of his co-defendants in the Georgia case are attorneys associated with him, including Sidney Powell, Rudy Giuliani, Kenneth Chesebro,\u2064 John Eastman, Jenna Ellis, \u200dRay Smith, and Robert Cheeley. Chesebro and Powell\u200c are the only\u2063 two defendants who have requested\u2063 a speedy trial \u2064and will be tried together in less than two weeks. Chesebro, who was retained by the\u200c Trump campaign, has \u2064been fighting to keep his emails private.<\/p>\n<p>The Fulton County prosecutors in the Georgia \u200bcase have presented five of Chesebro&#8217;s emails as evidence, including one that was leaked to the press. These\u200d emails\u200b outline various legal strategies Trump could use \u200dto challenge the \u200delection results in states\u200c where he\u200c suspected fraud. The co-defendants\u2062 in the \u2062Fulton County case are \u2062charged with racketeering, with the indictment \u2064listing 161 acts of racketeering. Many of these acts involve the sending of emails, legal memos, and meetings with their \u2064client.\u2062 The Fulton County \u2063District Attorney argues that the emails referred to by Chesebro are not \u2063protected by attorney-client privilege but are political acts and advice admissible\u200c as \u2064evidence in court.<\/p>\n<p>The admissibility\u2064 of these emails and other communications involving the attorneys\u200c is \u200ccrucial to the Fulton County case. If the\u200b emails are deemed inad<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Special counsel Jack Smith filed two motions on Tuesday, urging the court to protect the defense&#8217;s legal strategy and possibly conceal juror identities from former President Donald Trump. The federal criminal case in Washington accuses Trump of unlawfully meddling with the 2020 elections. The filings highlight the importance of safeguarding sensitive information.<\/p>\n","protected":false},"author":2167,"featured_media":2063416,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/cndimages.nyc3.digitaloceanspaces.com\/breaking-news\/wp-content\/uploads\/2021\/01\/IMG_2758-scaled-1.jpg","fifu_image_alt":"","footnotes":""},"categories":[543],"tags":[],"class_list":["post-2063415","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-the-epoch-times"],"fifu_image_url":"https:\/\/cndimages.nyc3.digitaloceanspaces.com\/breaking-news\/wp-content\/uploads\/2021\/01\/IMG_2758-scaled-1.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2063415","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/2167"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2063415"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2063415\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2063416"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2063415"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2063415"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2063415"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}