Trump's 'Advice of Counsel' Tweets Trashing Michael Cohen May Have Just Waived Attorney-Client...

Trump’s ‘Advice of Counsel’ Tweets Trashing Michael Cohen May Have Just Waived Attorney-Client Privilege

by Colin Kalmbacher | 10:58 am, December 13th, 2018

President Donald Trump sent off a barrage of tweets attacking his former lawyer and “fixer” Michael Cohen on Thursday morning. In the process, he may have waived attorney-client privilege.

“I never directed Michael Cohen to break the law,” Trump wrote. “He was a lawyer and he is supposed to know the law. It is called ‘advice of counsel,’ and a lawyer has great liability if a mistake is made. That is why they get paid.”

American Civil Liberties Union attorney Joshua Block pointed out the potential issue with Trump’s defense here.

Link to tweet

Recall: Cohen and Trump went to great lengths earlier this year to keep several documents seized from Cohen’s home, hotel, and offices protected by the attorney-client privilege. With no objections from counsel or the prosecution, Jones–a former judge–was appointed the special master in charge of making such determinations. Ultimately, Jones found over 7,000 privileged items amidst those materials seized by law enforcement, according to the final special master report filed with the Southern District of New York (SDNY).

Those privilege designations could swiftly go the way of the dodo.

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https://lawandcrime.com/high-profile/trumps-advice-of-counsel-tweets-trashing-michael-cohen-may-have-just-waived-attorney-client-privilege/