Insurrection fallout

ZRod said:
It's going to wind up in a court ruling for sure. No way team Trump let's him just spill his guts.
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That might depend on Cipollone's attitude towards it.  Sounds like he was trying to talk Trump out of doing worse than he did on J6.  

No matter what, if he testifies, it's going to get even a lot more interesting.

 
TGHusker said:
He is the White House attorney - for the institution  --- not for the president himself - not a personal attorney    Big difference.  
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BigRedBuster said:
@ZRod  Just thought about something.  He's the Whitehouse attorney.  NOT Trump's personal attorney.  So, I would guess the attorney client privilege is off the table.  
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One of those "Great Mind" things...

 
ZRod said:
But does Attorney client privilege come in to play here?
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I think it’s up to Cipollone.  If Trump exerts executive privilege, Biden will waive it.  The DOJ, however has already made clear it won’t enforce congressional subpoenas for Trump’s inner circle. So testifying could be an opportunity for Cipollone to get himself out of this whole mess.  If this ever becomes a criminal trial, I believe the court could enforce subpoenas on pretty much any relevant party.  But I’m not a lawyer, so I’m basically just talking out of my a$$ on this topic.  

 
:o     And rightly so.     This committee has been pretty amazing thus far.  

If GOP leadership was smart (they aint) they would be starting the Cheney for president campaign right now while this is hot and drop the loser who took them to the dance. 

 
BigRedBuster said:
The question is, what are the "receipts"?  We have one testimony saying she was told this happened under oath.  We have one guy saying it didn't happen while not under oath.  

What I find interesting is that the video of Trump being driven away from the rally in the suburban shows him being very animated while talking to the driver.  I'm sure that's when he was being told he wasn't going to the capital.  Unfortunately, the incident wasn't on video.

Wasn't there a third person in the vehicle?
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Is this the video you're referring to?  Did you mean to say "unfortunately, the incident wasn't on audio"?  


 
I don't think we need to focus on trying to decipher any footage of what happened in the SUV.  Only part that matters there is getting whomever was in that car to testify under oath.

BigRedBuster said:
That might depend on Cipollone's attitude towards it.  Sounds like he was trying to talk Trump out of doing worse than he did on J6.  

No matter what, if he testifies, it's going to get even a lot more interesting.
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I've been saying this from jump.  If Cipollone testifies, THAT'S your true John Dean moment, and Trump would probably be toast, because I think that opens the floodgates for others that are wanting to testify.

ZRod said:
But does Attorney client privilege come in to play here?
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As others have said here, Cipollone wasn't Trump's private attorney - he was a government employee. 

Besides....attorney client privilege does not apply to crimes that may have been committed.

https://www.nolo.com/legal-encyclopedia/the-crime-fraud-exception-the-attorney-client-privilege.html?pathUI=button

The crime-fraud exception applies if:

  • the client was in the process of committing or intended to commit a crime or fraudulent act, and
  • the client communicated with the lawyer with intent to further the crime or fraud, or to cover it up.



Lastly - per the lawsuit that Trump lost earlier this year - while former CICs can claim executive privilege...the current CIC can override said privilege.

That ability is only applicable to the CURRENT PRESIDENT OF THE UNITED STATES.

https://www.supremecourt.gov/opinions/21pdf/21a272_9p6b.pdf

 
alexhortdog95 said:
I don't think we need to focus on trying to decipher any footage of what happened in the SUV.  Only part that matters there is getting whomever was in that car to testify under oath.

I've been saying this from jump.  If Cipollone testifies, THAT'S your true John Dean moment, and Trump would probably be toast, because I think that opens the floodgates for others that are wanting to testify.

As others have said here, Cipollone wasn't Trump's private attorney - he was a government employee. 

Besides....attorney client privilege does not apply to crimes that may have been committed.

https://www.nolo.com/legal-encyclopedia/the-crime-fraud-exception-the-attorney-client-privilege.html?pathUI=button

The crime-fraud exception applies if:

  • the client was in the process of committing or intended to commit a crime or fraudulent act, and
  • the client communicated with the lawyer with intent to further the crime or fraud, or to cover it up.



Lastly - per the lawsuit that Trump lost earlier this year - while former CICs can claim executive privilege...the current CIC can override said privilege.

That ability is only applicable to the CURRENT PRESIDENT OF THE UNITED STATES.

https://www.supremecourt.gov/opinions/21pdf/21a272_9p6b.pdf
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Your last statement = trump is toast

 
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