Trump's Lawyers Could Lose Attorney-Client Privilege Claims Over Possible Obstruction Charges

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Donald Trump wants a special master in the document investigation so that he can make sure that none of the materials that were seized are covered by attorney-client privilege, or so he claims. But those privilege claims might go out the window if his legal team is charged with obstruction of justice, which is a very real possibility at this point. Ring of Fire's Farron Cousins explains what could happen if the DOJ pursues charges against Trump's own lawyers.

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*This transcript was generated by a third-party transcription software company, so please excuse any typos.

So Donald Trump's big fight right now over the documents that were seized from Mar a Lago of course, is that some of them might be covered by privilege. Now, maybe that's executive privilege, which definitely wouldn't apply in this instance, maybe it's attorney, client privilege, whatever it is. It's one of those two things he and his legal team have assured us, but it's pretty easy to dismantle both of those claims. First, let's start with executive privilege, cuz that of course is the easiest. If Donald Trump had claimed executive privilege over any of those documents while he was president, all that would need to happen would be for the current president to say, I'm not declaring executive privilege over these. So that matter could be cleared up real quick with the current guy in the white house. Let's hope the DOJ goes that route. Now as for the second one, of course that's a little more intense right?

Attorney client privilege. And that of course is what most folks think Donald Trump is trying to, trying to look for in order to stall the investigation, but they have a big problem there. And that big problem might actually be obstruction of justice by Donald Trump lawyers, Christina, Bob, and Evan Corcoran. Because as we all know, back in June, Evan, Corcoran drafted and Christina, Bob signed a legal filing, which means it's essentially under oath saying we have given you all of the documents at Mar Lago, there is nothing left for you to get. And we know of course that that was a lie because beginning of August, the FBI went down there found all those extra documents that Christina, Bob and Evan, Corcoran, legally swore were no longer there. So that's obstruction of justice. If it's a big, if, if they knew that they weren't telling the truth.

So that of course is what the DOJ would have to prove. They would have to prove that Corcoran and Bob knew that they did not turn over all of the documents in order for that to be obstruction. If they had been lied to and said, there were no more documents and then just said, oh, okay, well we'll make this document and say that good to know. That's not obstruction because they didn't know. Now they could still be in trouble for it, but it wouldn't necessarily rise to the intent, um, requirements, I guess you would say of obstruction of justice. So if you get them on obstruction that attorney client privilege then goes out the window because then you would have two Trump lawyers who would become material witnesses in the case. And those, uh, attorney, client privilege documents, if they exist and all, um, would no longer be covered because of the fraud and crime exception to attorney client privilege. So

The big roundabout thing that I'm saying is that if Donald Trump's lawyers committed obstruction, those documents are no longer protected from attorney client privilege. And therefore Donald Trump's claim that he needs a special master would effectively go out the window. And there is nothing that, that special master could exclude from the DOJs review. But in order to get to that point, first, the DOJ would have to pursue obstruction of justice charges against Donald Trump's lawyers. I think it's easy. I think it's definitely doable, but does the DOJ have the time, resources and energy to even go that route? Do they think it's worthwhile to go that route when they already know where they're at in this investigation?