Morning Jolt: The Pretty Big Exception to Attorney-Client Privilege

Making the click-through worthwhile: Figuring out what has to happen before the FBI can get the authority to raid a lawyer's office, how James Comey's past defenders are grumbling about his more political persona and upcoming book tour, and a big twist in an alleged scandal involving a Republican governor.

Sorry Mr. President, but Attorney-Client Privilege Isn't Limitless.

President Trump on Twitter, 7:07 a.m. this morning: "Attorney–client privilege is dead!"

There has always been an exception to attorney-client privilege, called the "crime-fraud exception" which applies if the client was in the process of committing or intended to commit a crime or fraudulent act, and the client communicated with the lawyer with intent to further the crime or fraud, or to cover it up. This usually applies to actions like suborning perjury or asking an attorney to present testimony she knows is false, destroying or concealing evidence, witness tampering, or concealing income or assets.

At some point, ...

April 10 2018

VISIT NATIONALREVIEW.COM

The Pretty Big Exception to Attorney-Client Privilege

Jim Geraghty

Making the click-through worthwhile: Figuring out what has to happen before the FBI can get the authority to raid a lawyer's office, how James Comey's past defenders are grumbling about his more political persona and upcoming book tour, and a big twist in an alleged scandal involving a Republican governor.

Sorry Mr. President, but Attorney-Client Privilege Isn't Limitless.

President Trump on Twitter, 7:07 a.m. this morning: "Attorney–client privilege is dead!"

There has always been an exception to attorney-client privilege, called the "crime-fraud exception" which applies if the client was in the process of committing or intended to commit a crime or fraudulent act, and the client communicated with the lawyer with intent to further the crime or fraud, or to cover it up. This usually applies to actions like suborning perjury or asking an attorney to present testimony she knows is false, destroying or concealing evidence, witness tampering, or concealing income or assets.

At some point, ... Read More

Top Stories

Mark Zuckerberg's Insufferable Tripe

Rich Lowry

It's possible to imagine something like Facebook run as a nonprofit service for the global commons. That's not what Zuckerberg chose to do...

Comey the Celebrity

Jim Geraghty

Comey the Celebrity

ADVERTISEMENT

How Should America Respond to Syria's Use of Chemical Weapons?

George Will

The world is watching, and what happens next is anyone's...

Whatever the Left Touches It Ruins

Dennis Prager

A partial listing of the damage...

The Ideology of Illegal Immigration

Victor Davis Hanson

Gang members next door and dead dogs dumped in your yard? Don't complain, or you'll be called...

In London, Homicides Spike, and Politicians Do a U-Turn on Stop-and-Search

Douglas Murray

As London's homicide rate spikes, politicians realize that it is no longer politically opportune to slam...

ADVERTISEMENT

What NR is Reading

The Fragility of Order: Catholic Reflections on Turbulent Times

George Weigel

"Every page in this book shines with moral clarity, literary ​pyrotechnics, and the illumination of history. It ​proves once more that George Weigel is our Virgil through the dark woods of modernity."

Mary Eberstad, Faith ​& ​Reason Institute, author of Adam and Eve after the Pill

LEARN MORE

Photo Essays

ADVERTISEMENT

national review

Follow Us & Share

19 West 44th Street, Suite 1701, New York, NY, 10036, USA
Your Preferences | Unsubscribe | Privacy
View this e-mail in your browser.

Comments

Popular posts from this blog

FOLLOW THE MONEY - Billionaire tied to Epstein scandal funneled large donations to Ramaswamy & Democrats

Breaking: Left-Wing Black History Children’s Book Distributed by Simon & Schuster Is Heavily Plagiarized

Pence goes full swamp on Donald Trump.