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Anybody have a theory as to why Lanny Davis (Original Post) choie Jul 2018 OP
Guiliani said Trump wanted to pay with a check manor321 Jul 2018 #1
Did he, or did Trump's people? The Velveteen Ocelot Jul 2018 #2
Lanny Davis gave the tape to CNN oberliner Jul 2018 #3
Oh, OK, hadn't heard that. The Velveteen Ocelot Jul 2018 #5
Yes - and he was on CNN discussing it with Cuomo oberliner Jul 2018 #7
Michael Cohen is an awful person. But to Fox he wasn't awful at all The Velveteen Ocelot Jul 2018 #10
If he helps bring down Trump, doesn't that get him off the hook oberliner Jul 2018 #16
No. Still awful. Only looking to save his own bacon. GulfCoast66 Jul 2018 #17
Limited hangout? unblock Jul 2018 #4
modified limited hangout shanny Jul 2018 #33
Everything old is new again unblock Jul 2018 #34
He's defending his client? joshcryer Jul 2018 #6
Trump may have wanted this out there lapfog_1 Jul 2018 #8
Lanny Davis gave the tape to CNN oberliner Jul 2018 #11
yes... and did a Trump lawyer call Lanny or the judge lapfog_1 Jul 2018 #14
tRump is the holder of the client privilege. When Guiliani, tRump's legal representative, spoke alwaysinasnit Jul 2018 #9
That is actually quite clever. joshcryer Jul 2018 #12
I imagine since there is a war for public opinion, the release of the tape directly contradicts alwaysinasnit Jul 2018 #15
That's what happens when you hire a spin doctor where an attorney is called for. GulfCoast66 Jul 2018 #19
I'm not sure if it really works like that. unblock Jul 2018 #20
Since tRump's legal representative discussed the contents of the tape, the privilege can be alwaysinasnit Jul 2018 #21
whether it's Donnie or ghouliani, I think either can lie all they want about it unblock Jul 2018 #22
I agree they can lie about it all they want but I believe that once they discuss the content of that alwaysinasnit Jul 2018 #23
That really can't be right. unblock Jul 2018 #25
If you have a conversation with your attorney, you are the holder of that privilege. If you discuss alwaysinasnit Jul 2018 #26
There was just a lengthy process to determine what was privileged and what was not unblock Jul 2018 #28
Please see alwaysinasnit Jul 2018 #29
ok this clarifies that it was initially privileged. unblock Jul 2018 #32
Please see alwaysinasnit Jul 2018 #35
No. former9thward Jul 2018 #24
Please see alwaysinasnit Jul 2018 #30
The Trump team waived the privlege for that one tape. former9thward Jul 2018 #36
To entrap and infuriate Trump marylandblue Jul 2018 #13
Lanny's motto: get it all out, get it out fast Cicada Jul 2018 #18
to legally invalidate the other tapes Demonaut Jul 2018 #27
Robert COSTA just said DAVIS told him it was to get control of the narrative, that UTUSN Jul 2018 #31
 

oberliner

(58,724 posts)
7. Yes - and he was on CNN discussing it with Cuomo
Tue Jul 24, 2018, 09:53 PM
Jul 2018

Funny - I just flipped over to Fox (Hannity) and they are trashing Michael Cohen and saying what an awful person he is.

The Velveteen Ocelot

(115,606 posts)
10. Michael Cohen is an awful person. But to Fox he wasn't awful at all
Tue Jul 24, 2018, 09:56 PM
Jul 2018

until he turned against Trump and now looks like he might roll on him.

GulfCoast66

(11,949 posts)
17. No. Still awful. Only looking to save his own bacon.
Tue Jul 24, 2018, 10:08 PM
Jul 2018

But as we all know, there’s no honor among thieves. In the end they cut their own throat.

joshcryer

(62,269 posts)
6. He's defending his client?
Tue Jul 24, 2018, 09:52 PM
Jul 2018

His defense is that Cohen was a fixer that only did what he was bidded to do and wasn't an accountant and couldn't have known about the bank fraud stuff. The reality is that Cohen is going to likely be a key witness in Trump's indictment.

lapfog_1

(29,193 posts)
8. Trump may have wanted this out there
Tue Jul 24, 2018, 09:55 PM
Jul 2018

to provide more distraction from Helsinki and the agreements he may have made (did make) with Putin in secret.

TRMS was in a groove explaining the editing of the news conference transcript AND video by both the Russians and the White House to make it look like Putin did NOT say he wanted Trump to win...

Rachel went to the release of the Cohen tape halfway through... I think they should have ignored it and left the tape to Lawrence.

It is another shiny ball... just like the enemies list and the yanking of security clearance.

The "take a knee" distraction from last weekend didn't work..

lapfog_1

(29,193 posts)
14. yes... and did a Trump lawyer call Lanny or the judge
Tue Jul 24, 2018, 10:00 PM
Jul 2018

and say "we withdraw any claim of lawyer-client privledge"... knowing that Davis would jump at the chance to make his client look like a patriot and possible "get out of jail free" recipient (either pardon from Trump or immunity from prosecutors)?

alwaysinasnit

(5,059 posts)
9. tRump is the holder of the client privilege. When Guiliani, tRump's legal representative, spoke
Tue Jul 24, 2018, 09:55 PM
Jul 2018

about the contents of the tape, the idea is that privilege was then waived and that allows Cohen's attorney to release the tape without adverse repercussion.

joshcryer

(62,269 posts)
12. That is actually quite clever.
Tue Jul 24, 2018, 09:56 PM
Jul 2018

It means that for Trump to even speculate on it through his lapdog, any speculation will allow for a release of the tapes.

alwaysinasnit

(5,059 posts)
15. I imagine since there is a war for public opinion, the release of the tape directly contradicts
Tue Jul 24, 2018, 10:00 PM
Jul 2018

Guiliani's characterization of the content.

unblock

(52,123 posts)
20. I'm not sure if it really works like that.
Tue Jul 24, 2018, 10:14 PM
Jul 2018

If I had a privileged conversation with my lawyer, I think I can go on tv and publicly say I talked to my lawyer and lie with reckless abandon about the conversation and my lawyer is still bound to silence about it.

In this particular case, I'm not clear on whether this particular tape was deemed to be privileged or not in the first place.

alwaysinasnit

(5,059 posts)
21. Since tRump's legal representative discussed the contents of the tape, the privilege can be
Tue Jul 24, 2018, 10:22 PM
Jul 2018

waived. If there is a beef, then tRump should go after Guiliani for improper waiver of tRump's privilege.

unblock

(52,123 posts)
22. whether it's Donnie or ghouliani, I think either can lie all they want about it
Tue Jul 24, 2018, 10:28 PM
Jul 2018

If they talk about it *in court* then I agree with you.
But in public I think they're free to lie all they want about it.

alwaysinasnit

(5,059 posts)
23. I agree they can lie about it all they want but I believe that once they discuss the content of that
Tue Jul 24, 2018, 10:36 PM
Jul 2018

tape in public, regardless of the description of the dialogue, then that is when privilege can be deemed waived. In this case, Guiliani is acting on tRump's behalf and is supposedly aware of the contents of a privileged conversation tRump had with another attorney. Guiliani then put the content of that discussion out in public.

unblock

(52,123 posts)
25. That really can't be right.
Tue Jul 24, 2018, 10:41 PM
Jul 2018

Say I have a privileged conversation with my lawyer during which I confess to a crime and we discuss a plea deal and end up rejecting it for now at least and we agree to plead not guilty and go to trial.

Then I go hold a press conference and I say I talked about the plea deal with my lawyer and I told him I didn't do it so we're not taking any deal.

Are you saying that my lawyer is then free to reveal that I confessed? Or that my lawyer can be compelled to testify against me?

alwaysinasnit

(5,059 posts)
26. If you have a conversation with your attorney, you are the holder of that privilege. If you discuss
Tue Jul 24, 2018, 10:56 PM
Jul 2018

this with others, then other people know of your conversation. The privilege can then be deemed waived. In the case of this Cohen tape, Lanny Davis would not have released that tape if he had not been very sure that tRump's privilege in the contents of that tape was waived. Otherwise, Davis would be in a heap of trouble.

unblock

(52,123 posts)
28. There was just a lengthy process to determine what was privileged and what was not
Tue Jul 24, 2018, 11:01 PM
Jul 2018

My working assumption is that this tape was one of the pieces deemed not to be privileged.

And no, waivers of privilege cannot function the way you describe. It simply would never work.

"Did your lawyer explain the charges against you?"
"Yes"
"Aha! Gotcha!"

unblock

(52,123 posts)
32. ok this clarifies that it was initially privileged.
Tue Jul 24, 2018, 11:57 PM
Jul 2018

but it doesn't clarify how technically (or even convincingly if) privilege was waived.

the conclusion appears to be that donnie waived it as part of the effort to leak the tape.

i don't think, though, that he technically waived it purely by ghouliani talking about it. i don't think it could possibly work for it to be so simple as the mere mention of something and poof, all your attorney-client privilege goes up in smoke.

what i think happened is that donnie/ghouliani made it clear that they wanted this tape leaked and that they wouldn't go after anyone who leaked it, that they were waiving any privilege. i don't think this happened purely based on the limited public statements we know about, but it's fair to assume that it happened based on that plus other statements we don't know about.

alwaysinasnit

(5,059 posts)
35. Please see
Wed Jul 25, 2018, 12:42 AM
Jul 2018

This is from a reputable law firm in California

https://www.shouselaw.com/lawyer-privilege.html#3 The relevant section from their website is:

3. Waiver of the California Attorney-Client Privilege

In addition to the exceptions to the privilege discussed above, you can also waive—that is, eliminate—the lawyer-client privilege by voluntarily doing either of the following:

Disclosing a significant part of the privileged communication between you and your lawyer to a third party, or
Consenting to the disclosure of that privileged communication by anyone else.36

Example: Henry has been charged with Penal Code 261 rape but argues that the sex was consensual.

The events giving rise to the charges are complicated and ambiguous, and Henry prepares a lengthy written summary of them for his criminal defense attorney.

Ordinarily, that summary would be protected by the lawyer-client privilege. But Henry then posts that summary on his personal blog so that his friends can see his side of the story.

Because Henry disclosed the summary of events voluntarily, that summary is no longer protected by the lawyer-client privilege. (However, other things he shares in confidence with his lawyer still are.)

And if you fail to claim the attorney-client privilege in a court proceeding where you have the right to do so, you will be deemed to have consented to the disclosure of privileged information (and thus waived the privilege) in that proceeding.37




My belief is that tRump consented to the disclosure of his privileged communication by his agent and legal representative, Guiliani. By not objecting publicly to this disclosure, tRump validated his consent for Guiliani to do so.

former9thward

(31,941 posts)
36. The Trump team waived the privlege for that one tape.
Wed Jul 25, 2018, 11:45 AM
Jul 2018

None of the rest. The waived it because it backs Trump's version of the story.

marylandblue

(12,344 posts)
13. To entrap and infuriate Trump
Tue Jul 24, 2018, 09:58 PM
Jul 2018

Trump doesn't want anyone to know he actually discusses details of his subordinate's activities with them. Because then he becomes a conspirator. Which he is. And now you know.

Cicada

(4,533 posts)
18. Lanny's motto: get it all out, get it out fast
Tue Jul 24, 2018, 10:10 PM
Jul 2018

Lanny has long said that everything gets out and that harm is minimized by getting it all out as soon as possible. It is his theory of crisis management. Get it all out, get it out fast.

UTUSN

(70,649 posts)
31. Robert COSTA just said DAVIS told him it was to get control of the narrative, that
Tue Jul 24, 2018, 11:24 PM
Jul 2018

GHOULIANI and SHITLER were imprinting their version that the tape put it all on COHEN and "exculpated" SHITLER, so DAVIS wanted the tape to reverse this.




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