Monday, December 4, 2017

Aides and staff have smarter attorneys than Trump

White House attorneys and private counsel representing both current and former Trump aides told POLITICO they immediately checked in with their clients once they learned about Mueller’s plea agreements with Papadopoulos and Flynn, asking whether they’d had any communications with their former colleagues which could have been secretly recorded while also reminding them to be diligent in avoiding conversations with anyone except their lawyer related to the Russia investigation.

“They’re probably shitting bricks,” said an attorney who represents a senior Trump aide caught up in the Russia investigation. “How can you not?”

[...]

The biggest red line is that the special counsel is not supposed to wire up a witness to talk with a person who he knows already has a lawyer representing them on the subject matter that is being discussed on the tape. That includes conversations covering details of a joint legal defense strategy.

  Politico
And I'm pretty sure Mueller knows the law. Doesn't mean you can't let them sweat.
Newt Gingrich, the former Republican House speaker and one-time finalist to serve as Trump’s vice president, told the Washington Post shortly after the Papadopoulos plea deal came out that Congress should “look seriously at whether Mueller put a wire on this guy and sent him around to entrap people.”

[...]

Ty Cobb, a White House lawyer, said in an interview that he didn’t expect Mueller to use Papadopoulos or Flynn as witnesses to help his case, particularly to tape record anyone who is represented by a lawyer.

“Mueller is too good a professional and too good a prosecutor to tape represented individuals and he doesn’t want his office or his important mission to be tainted,” Cobb said, noting the legal and ethical constraints.

[...]

Former Watergate prosecutor Nick Akerman said Mueller is on solid ground with ample court precedent to use witnesses wearing wires with anyone who isn’t known to have a lawyer. And he said the special counsel also has plenty of room to use the technique with people who do have lawyers. “Otherwise, the government would never be able to use body wires against career criminals like members of the mafia who always have lawyers,” he said. Defense attorneys rarely succeed in getting tape-recorded conversations thrown out in court, he added, because the cooperator can still testify about what the person told them.

“The tape recording ensures that what the jury hears of the conversation is actually what happened, as opposed to someone’s testimony as to what happened,” he said. Asked about Cobb’s advice to the White House that it shouldn’t fret about colleagues wearing wires, Akerman replied, “That’s good. Let them think that.”
Whatever. Everybody just calm down and, if you know anything, get a good lawyer. I have a feeling Mueller has everything he needs without wires. This group of assholes in the Trump cabal haven't been all that smart. Jesus, look at their emails to each other. I imagine aides lawyers are telling them, "Shut up and don't be tweeting."

 And ignore Newt Gingrich. For god's sake.

...but hey, do what you want...you will anyway.

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