The 2017 General Salma Hayek discussion thread...Part 3!!!

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    Fargo

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    Ok, we're saying pretty much the same thing. Now what about the current revelation that the Trump transition agreed (via a memo) which stated:


    Trump Transition Team Agreed to Waive All Privacy Rights in Memo

    Below contains the actual memo:
    https://www.americanoversight.org/trump-gsa-emails


    So, in light of such, what's the issue?

    Short answer is that waiving attorney/client privilege is generally much harder to accomplish than that. Think about the warning about recording that every inmate hears when they make any call out of the jail. Do you think that that means that their phone conversations with their attorneys are no longer privileged?

    Dont conflate a/c privilege with general 4th Am. expectations of privacy. There are ways to destroy privilege, specifically by including other people in the conversation. However, using a monitored network does not suffice by my understanding of the law.
     

    IndyDave1776

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    Short answer is that waiving attorney/client privilege is generally much harder to accomplish than that. Think about the warning about recording that every inmate hears when they make any call out of the jail. Do you think that that means that their phone conversations with their attorneys are no longer privileged?

    Dont conflate a/c privilege with general 4th Am. expectations of privacy. There are ways to destroy privilege, specifically by including other people in the conversation. However, using a monitored network does not suffice by my understanding of the law.

    Does that mean that I have to be directly participating in your conversation with your client? What if after the end of your conversation, he calls me and says that you told him to invoke the 5th rather than admit he was within 1/2 block with a shotgun at the time of the murder?
     

    Kutnupe14

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    Short answer is that waiving attorney/client privilege is generally much harder to accomplish than that. Think about the warning about recording that every inmate hears when they make any call out of the jail. Do you think that that means that their phone conversations with their attorneys are no longer privileged?

    Dont conflate a/c privilege with general 4th Am. expectations of privacy. There are ways to destroy privilege, specifically by including other people in the conversation. However, using a monitored network does not suffice by my understanding of the law.

    The transition isn't making just an attorney/client argument. They are speaking about ALL of the emails.
     

    bwframe

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    Btown Rural
    Tax_bill_vote.png
     

    Fargo

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    The transition isn't making just an attorney/client argument. They are speaking about ALL of the emails.

    Those are different questions with different standards. I suppose it all depends on how exactly the emails were obtained, which to the best of my knowledge remains unknown. Regardless of how they were obtained, some of them are likely going to have attorney-client problems.

    If third-party is being used as the justification, as I said above that is a pretty risky basis at the moment.
     

    easy

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    If she showed up here, I'd be the one with 'health' problems!

    (Hey acteon - is that an anchor on her left thumb?)
     
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