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Miles Archer

(18,837 posts)
Sat Aug 18, 2018, 02:09 PM Aug 2018

White 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 president’s 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 president’s most intimate moments with his lawyer.

Among them were Mr. Trump’s comments and actions during the firing of the F.B.I. director, James B. Comey, and Mr. Trump’s 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. Trump’s 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
21 replies = new reply since forum marked as read
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White House Counsel Don McGahn Has Cooperated Extensively With Mueller's Obstruction Inquiry (Original Post) Miles Archer Aug 2018 OP
Boom! Kingofalldems Aug 2018 #1
What's the over/under on how long his clearance lasts? marylandblue Aug 2018 #2
Wait until someone reads this out to Trump.... OnDoutside Aug 2018 #3
Hahaha rusty fender Aug 2018 #8
I'm kinda at a loss here Nevilledog Aug 2018 #4
Hmmm? Interesting point to explore. Reckon it will become clear soon. Achilleaze Aug 2018 #5
I Don't Think Trump is His Client So No Privilege Stallion Aug 2018 #14
In the article they suppose he didn't want to go down like Dean and be charged with something. NightWatcher Aug 2018 #6
Read that also. Nevilledog Aug 2018 #7
Can McGahn be sued rusty fender Aug 2018 #9
I don't know. Nevilledog Aug 2018 #11
Can you think of a circumstance Claritie Pixie Aug 2018 #10
Crime/Fraud exception Nevilledog Aug 2018 #13
Got it - thank your for explaining it to me. Claritie Pixie Aug 2018 #15
You're welcome. Nevilledog Aug 2018 #16
We are in uncharted waters NightWatcher Aug 2018 #17
There could be another privilege. Nevilledog Aug 2018 #20
My understanding is that the White House Counsel lisa58 Aug 2018 #12
That's my understanding...we're not talking Mikey the "C" here. Miles Archer Aug 2018 #19
Hahahaha lisa58 Aug 2018 #21
Holy shite! mcar Aug 2018 #18

Nevilledog

(51,142 posts)
4. I'm kinda at a loss here
Sat Aug 18, 2018, 02:39 PM
Aug 2018

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)
5. Hmmm? Interesting point to explore. Reckon it will become clear soon.
Sat Aug 18, 2018, 02:43 PM
Aug 2018

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)
14. I Don't Think Trump is His Client So No Privilege
Sat Aug 18, 2018, 03:48 PM
Aug 2018

this has been pointed out from the early days of the investigation

He is White House counsel not Trump's counsel

Nevilledog

(51,142 posts)
7. Read that also.
Sat Aug 18, 2018, 02:58 PM
Aug 2018

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.

Claritie Pixie

(2,199 posts)
10. Can you think of a circumstance
Sat Aug 18, 2018, 03:19 PM
Aug 2018

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)
13. Crime/Fraud exception
Sat Aug 18, 2018, 03:34 PM
Aug 2018

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.

Nevilledog

(51,142 posts)
20. There could be another privilege.
Sat Aug 18, 2018, 05:06 PM
Aug 2018

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)
12. My understanding is that the White House Counsel
Sat Aug 18, 2018, 03:33 PM
Aug 2018

Protects the Office of the President and not the individual president - no attorney/client privilege

Miles Archer

(18,837 posts)
19. That's my understanding...we're not talking Mikey the "C" here.
Sat Aug 18, 2018, 04:47 PM
Aug 2018

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"

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