Saturday, June 3

There is a reason we have these rules.

Mr. Corcoran’s narration of his recollections covered his initial meeting with Mr. Trump in May last year to discuss a subpoena from the Justice Department seeking the return of all classified materials in the former president’s possession, the people said.   It also encompassed a search that Mr. Corcoran undertook last June in response to the subpoena for any relevant records being kept at Mar-a-Lago, Mr. Trump’s private club and residence in Florida. He carried out the search in preparation for a visit by prosecutors, who were on their way to enforce the subpoena and collect any sensitive material found remaining there.  
Government investigators almost never obtain a clear lens into a lawyer’s private dealings with their clients, let alone with such a prominent one as Mr. Trump. A recording like the voice memo Mr. Corcoran made last year — during a long car drive for a family event the morning after the meeting in May, according to two people briefed on the recording — is typically shielded by attorney-client or work-product privilege.  
But in March, a federal judge ordered Mr. Corcoran’s recorded recollections — now transcribed onto dozens of pages — to be given to the office of the special counsel Jack Smith, who is leading the documents investigation.  The decision by the judge, Beryl A. Howell, pierced the privilege that would have normally protected Mr. Corcoran’s musings about his interactions with Mr. Trump. 
Those protections were set aside under what is known as the crime-fraud exception, a provision that allows prosecutors to work around attorney-client privilege if they have reason to believe that legal advice or legal services were used in furthering a crime.

I will say it if our legal scholars and pundits, professors and emeritas, law students and laypeople are afraid:  this is a farce. They are going after Trump so hard, all the in-place rules of legal prosecution are falling...

This material should clearly be shielded under attorney-client privilege.  No exceptions because of alleged "fraud" or loopholes because you really really don't like the guy and are throwing up every obstacle to his being able to win in a fairly contested election...

Come on.  Prosecuting alleged rape charges decades after the fact should have shown why we have rules like the statue of limitations, or attorney-client privilege.  We want people, business people too, to be able to consult with their attorneys and share material freely.  You don't want to think your attorney -- or your priest, or spouse -- will spill, or can be subpoened.

The reason for statute of limitations is you want the defendant to be able to collect, timely, evidence to defend themself.  If you wait, years and years and years, to come forward to people other than friends -- and finally ask the courts and cops to help prosecute your crime, they will have to turn you down because too much time has lapsed...

It's a shame we allow civil trials for adults, not children who presumably might not understand what is happening to them, who belatedly realize they should have filed assault charges timely, so that evidence might have been collected timely and a change might have happened, timely, if crimes occured.

I really do not like specialized prosecutions where all rules are off because we don't extend legal protections to disfavored businessmen for political reasons.  Let him have his fair fight, win or lose.  Don't bend the rules to try and get him.

Maybe learn, and live in the present?  God knows there are enough frauds and assaults and dirty dealings going down right now in the present that are much much more important than bending the rules of the legal profession to ... get Trump! (think of all the news and policy decisions that are important today that aren't being given priority because everyone in power is all in on the GetTrump! train, so fearful that he might "take power" and curtail theirs that the big-picture details on what is really happening in this country are happening out of our eyesight...)

bienvenidos necesidades sociales a america. quien puede ayudar?

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