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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWhite House Counsel Don McGahn Has Cooperated Extensively With Mueller's Obstruction Inquiry
WASHINGTON The White House counsel, Donald F. McGahn II, has cooperated extensively in the special counsel investigation, sharing detailed accounts about the episodes at the heart of the inquiry into whether President Trump obstructed justice, including some that investigators would not have learned of otherwise, according to a dozen current and former White House officials and others briefed on the matter.
In at least three voluntary interviews with investigators that totaled 30 hours over the past nine months, Mr. McGahn described the presidents furor toward the Russia investigation and the ways in which he urged Mr. McGahn to respond to it. He provided the investigators examining whether Mr. Trump obstructed justice a clear view of the presidents most intimate moments with his lawyer.
Among them were Mr. Trumps comments and actions during the firing of the F.B.I. director, James B. Comey, and Mr. Trumps obsession with putting a loyalist in charge of the inquiry, including his repeated urging of Attorney General Jeff Sessions to claim oversight of it. Mr. McGahn was also centrally involved in Mr. Trumps attempts to fire the special counsel, Robert S. Mueller III, which investigators might not have discovered without him.
For a lawyer to share so much with investigators scrutinizing his client is unusual. Lawyers are rarely so open with investigators, not only because they are advocating on behalf of their clients but also because their conversations with clients are potentially shielded by attorney-client privilege, and in the case of presidents, executive privilege.
https://www.nytimes.com/2018/08/18/us/politics/don-mcgahn-mueller-investigation.html
Kingofalldems
(38,461 posts)marylandblue
(12,344 posts)OnDoutside
(19,962 posts)rusty fender
(3,428 posts)Good one
Nevilledog
(51,142 posts)I guess ethically his position is as White House counsel, but does he have no privilege that attaches to the individuals IN the White House? Normally it's pretty clear who privilege attaches to in an attorney/client relationship, but this is a whole different circumstance.
Achilleaze
(15,543 posts)In the meantime, honest and reasonable people see immediately that those who "betray" the ignoble republican comrade Dirty Donny* are in fact being honest and loyal to the USA
* aka republican Draft-Dodger-in-Chief
Stallion
(6,476 posts)this has been pointed out from the early days of the investigation
He is White House counsel not Trump's counsel
NightWatcher
(39,343 posts)Nevilledog
(51,142 posts)However, say there is an attorney/client privilege in regards to White House personnel, unless there is an express waiver of that privilege from the client the attorney can't disclose information. As an attorney I would not take my clients "okay for you to talk to investigators" as a valid waiver..... I'd have the most thorough and exhaustive waiver prepared delineating every possible negative effect to the client signed before I uttered a single word..... And if the privilege attaches to White House personnel other than Trump, they'd need to sign the same waiver. Only exception to this would be if I was ethically compelled due to the client engaging in ongoing criminal activity.
I'm a retired criminal defense attorney, but I cannot imagine a single circumstance where a client would have given me a waiver so I could discuss their actions with law enforcement, much less continuing to assist in the investigation of that client.
rusty fender
(3,428 posts)by Traitor Tot for breaching the attorney/client privilege
Nevilledog
(51,142 posts)There would have to be a clear delineation of who the "client" is to answer that.
Claritie Pixie
(2,199 posts)where an attorney would talk to law enforcement without a waiver from his client? And why would an attorney cross that line?
Nevilledog
(51,142 posts)The attorney-client privilege protects most communications between clients and their lawyers. But, according to the crime-fraud exception to the privilege, a client's communication to her attorney isn't privileged if she made it with the intention of committing or covering up a crime or fraud.
Claritie Pixie
(2,199 posts)Nevilledog
(51,142 posts)NightWatcher
(39,343 posts)Nevilledog
(51,142 posts)Donnie could claim that he thinks of McGahn as his Work-Husband and claim a marital privilege. I could see Rudy trying.......bwahahaha
lisa58
(5,755 posts)Protects the Office of the President and not the individual president - no attorney/client privilege
Miles Archer
(18,837 posts)Same issue with Trump blurring the lines with Sessions, thinking the Attorney General is there exclusively to represent HIS interests.
Then again, he also thinks every man and woman on the planet is there to advance his personal interests, so why split hairs, you know?
:toasts"