
It simply means that, on the basis of these narrow set of documents, there wasn't evidence sufficient for the court to make that finding.īut, of course, we have a much broader body of evidence in our investigation that would be pertinent to that particular issue. So there are multiple bases the judge could find the privilege was not applicable here.įinally, I would say, if the judge were to rule against us on the crime-fraud exception, that doesn't mean the president or his people haven't committed a crime or a fraud. Wednesdays vote came a week after nearly two dozen Republican. Luna has spearheaded the effort to censure Schiff. It should fall on the basis that he's talked publicly about these things with Donald Trump's permission, and, therefore, any privilege would be waived. Adam Schiff announces 2024 Senate run, teeing up a high-profile primary. It should fall on the crime-fraud exception basis. So his privilege claim should fall on that basis. Just because he's a lawyer doesn't make him the president's lawyer. We don't think, first of all, that Eastman has established he was a lawyer for the president. Now, there are a number of arguments that we have made in the court pleading.

Well, it would affect it in the sense potentially that we might not get access to these records. And we presented that evidence to the court. Dianne Feinstein's seat in what is shaping up to be a competitive Democratic primary. And, of course, that joint session of Congress was an official proceeding.Īnd given the president was repeatedly advised that the vice president had no authority to decertify electors, that there was no basis to these bogus claims of fraud, we believe that there was that kind of a corrupt intent to interfere with the joint session.īut, also, the promulgation of those false claims, we believe, is part of a conspiracy to defraud. Adam Schiff announced a 2024 Senate bid on Thursday, launching a campaign for Sen. And, here, any number of act by the president and his campaign potentially violate statutes which prohibit the corrupt interference with an official proceeding. That is, if an attorney is helping a client commit a crime, their communications are not protected.

And the judge asked us to brief him on whether the crime-fraud exception applies.

Well, as you say, it is not our role to prosecute or determine guilt or innocence.īut we are in litigation right now to try to get records from some claiming to be an attorney representing the president.
