Monday 8 October 2018

For The Defence?

Trump's lawyers have crowed about having joint defence agreements with upwards of thirty people, including people who have flipped, with those agreements continuing even after they flipped.

These agreements allow lawyers to share information and plan joint strategies. It allows Trump's lawyers to know what Mueller is asking those who have been interviewed by the FBI, and what he has asked of those persons who have flipped. 

This is unusual in criminal defence, where such agreements are usually kept private, and where they stop after someone flips. But it is 100% consistent for Trump, as he sees his lawyers as legal hit men. It seems obvious that his lawyers have these agreements, in part to coerce others into not cooperating, and even try to have influence over them after they flip. 

This is an exceptionally dangerous practice for the lawyers in question, as any attempt to influence witnesses after they flip could be seen as obstruction. They could end up on the stand themselves, as solicitor-client privilege may be no defence if the lawyer steps outside of their role as adviser, and becomes an active participant in witness tampering. 

Some of Trump's lawyers have moved on from his office - wise indeed. 

Would Giuliani still have that smug, know-it-all smile if he were to be answering questions while under oath, and on the stand at the trial of some of his clients? 




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