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Trump and Cohen Call: Rudy Says Trump Waives Privilege

There are several media articles the past few days about Michael Cohen having taped Donald Trump two months before the election when they were discussing a $150,000 payment to American Media (owner of the Enquirer) that would then go to Karen MacDougal for telling her story about having an affair with Trump. Unbeknownst to Macdougal, American Media had agreed not to publish it.

Ms. McDougal says she began a nearly yearlong affair with Mr. Trump in 2006, shortly after Mr. Trump’s wife, Melania, gave birth to their son Barron. Ms. McDougal sold her story for $150,000 to The National Enquirer, which was supportive of Mr. Trump, during the final months of the presidential campaign. But the tabloid sat on the story, which kept it from becoming public. The practice, known as “catch and kill,” effectively silenced Ms. McDougal for the remainder of the campaign.Because she'd be signing a non-disclosure agreement, she couldn't tell or sell her story elsewhere if American Media didn't publish it.

New York is a state that allows taping provided one participant to the conversation agrees. But Cohen is a lawyer, talking to Trump, his purported "client". Is there a privilege or ethics rule that comes into play here? [More...]

Maybe. Maybe not. With respect to the attorney client privilege: It may not apply to communications a client has with a lawyer who is acting, not as legal counsel, but as "business advisor, tactician, mediator, or sounding board." (Also, the privilege likely does not apply to conversations between the lawyer and
lawyer-members of a client’s staff.)

But it really doesn't matter, because according to Rudy Giuliani, Trump has waived the privilege. Is this tantamount to to an admission Trump leaked the story in the first place? I wouldn't be surprised. Either he's trying to deflect attention from his abysmal performance in Helsinki, or he's trying to get ahead of something that is about to break.

Trump has always been his own worst enemy. He still hasn't learned to shut his mouth. Even though by now, no one believes a word he says or tweets. As for Rudy, watching what little credibility he has hung on to the past 20 years erode even further, is nothing but a delight. His legacy will be that of a man who lost his marbles and in a desperate attempt to stay relevant, picked the wrong horse to ride.

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  • Display: Sort:
    picked the wrong horse to ride (5.00 / 1) (#1)
    by jmacWA on Sun Jul 22, 2018 at 05:22:17 AM EST
    May they ride off into the sunset together... SOON

    Trump leaking it would account (5.00 / 1) (#2)
    by Militarytracy on Sun Jul 22, 2018 at 08:52:39 AM EST
    For Maggie Haberman's tweet that there appeared to be only one tape. Which was then immediately refuted by many other journalists on Twitter.

    ENOUGH! (5.00 / 1) (#3)
    by Militarytracy on Sun Jul 22, 2018 at 08:18:01 PM EST
    McBain and linea reply at such opportune strategic times, I call into question their US sovereignty.