Lawyer client privilege and fishing expedition characteristics: FBI’s Mar-a-Lago raid raises questions

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Lawyer client privilege and fishing expedition characteristics: FBI’s Mar-a-Lago raid raises questions

Lawyer client privilege and fishing expedition characteristics: FBI’s Mar-a-Lago raid raises questions

The FBI reportedly seized records under attorney-client privilege during its raid on former President Trump’s Mar-a-Lago home, Fox News reported Aug. 14, 2022, Sputnik International

2022-08-14T17:31+0000

2022-08-14T17:31+0000

2022-08-14T17:31+0000

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Monday’s FBI raid on Donald Trump’s Mar-a-Lago home has sparked controversy, with the former president now demanding that the agency return documents allegedly under attorney-client privilege and possibly under the privilege of fall from the executive branch. Trump wrote on Aug. 13, “I respectfully request that these documents be returned immediately to the location from which they came. Thanks!” According to Fox News, boxes labeled A-14, A-26, A-43, A-13, A-33, and a series of documents, which appeared on the FBI’s title deed, contained “lawyer client” and “executive” materials. Attorney-client privilege is a legal privilege that works to keep confidential communications between an attorney and his or her client secret. In turn, executive privilege gives the U.S. President and other officials within the executive power to withhold certain forms of advice and consultations between the president and senior advisers.To resolve the controversy, Team Trump called on Attorney General Merrick Garland for a third party to verify the data in question. sources told Fox News that the Department of Justice (DoJ) said it would oppose the request.793—Collecting, transmitting, or losing defense information;18 USC 2071—Disclosure, removal, or mutilation ; and 18 USC 1519 — Destruction, alteration, or falsification of data in federal investigations. Notably, 18 USC 793 is part of the Espionage Act and makes it a crime to remove or misuse information related to national defense. In total, the FBI took about 20 boxes of items from Trump’s home. The agency receipt states that the agency seized classified and classified documents at Trump’s Palm Beach property. However, the ex-president insists the documents in question have been released. Some US legal observers question the necessity of the FBI’s August 8 raid. In particular, Jonathan Turley, Shapiro professor of public law at George Washington University, questioned whether the agency’s sudden interference was really justified, given that Trump’s team had previously worked with the DoJ and complied with a federal subpoena. The professor goes on to question exactly what documents the FBI was looking for and whether the agency had identified the material to the Trump team and demanded the former president’s return before the raid. “It’s hard to imagine that the Trump team would tell the FBI to grind sand if such a demand were made,” Turley noted. /containers found near physical documents with classification marks. Turley quoted critics as assuming that the FBI’s unprecedented raid on Trump’s property resembles a fishing expedition aimed at gathering evidence that could be used against the former president in a prosecution for his alleged role in the Jan. DC. Previously, the House Select Committee on the January 6 Attack held a series of hearings regarding Trump’s alleged role in the Capitol violation, but has so far been unable to file a criminal case against the ex-president. Given the unfolding controversy, it would be reasonable to appoint a “special master” to review Trump’s records, the attorney argued. Turley added that it is equally important to make public the “supporting affidavit from the FBI,” which would reveal “what the FBI told the magistrate about its previous communications with the Trump team” before Monday’s raid. as well as “the specific allegations of the status of the documents in question.”

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The FBI reportedly seized records under the privilege of a lawyer during the raid on former President Trump’s Mar-a-Lago home, Fox News reported Aug. 13, citing sources familiar with the matter. the research. Trump demanded through Truth Social on Sunday that the documents be returned.

Monday’s FBI raid on Donald Trump’s Mar-a-Lago home has sparked controversy, with the former president now demanding that the agency return documents allegedly under attorney-client privilege and possibly under the privilege of fall from the executive branch.

“By a copy of this TRUTH,” Trump wrote on Aug. 13, “I respectfully request that these documents be returned immediately to the location from which they came. Thank you!”

According to Fox News, boxes labeled A-14, A-26, A-43, A-13, A-33 and a series of documents, which appeared on the FBI’s title deed, contained “lawyer client” and ” executive” material. Attorney-client privilege is a legal privilege that works to keep confidential communications between an attorney and his or her client secret. For its part, executive privilege gives the U.S. President and other officials within the executive branch the power to withhold certain forms of advice and consultation between the president and senior advisers.

To resolve the controversy, Team Trump appealed to Attorney General Merrick Garland to allow a third party to view the data in question. Still, sources told Fox News that the Department of Justice (DoJ) said it would oppose the request.

Police are directing traffic outside an entrance to former President Donald Trump's Mar-a-Lago estate, Monday, Aug. 8, 2022, in Palm Beach, Florida.  Trump said in a lengthy statement that the FBI was conducting a search of his Mar-a-Lago-Lago estate and claimed agents had broken into a safe.  (AP Photo/Terry Renna) - Sputnik International, 1920, 12.08.2022

Why US Conservatives Think FBI Raid on Trump’s Residence Is Undermining Democracy

According to the media, the agency conducted the search because it believes the former president could have violated several federal laws, namely: 18 USC 793 — Collecting, transmitting, or losing defense information; 18 USC 2071 — Concealment, removal, or mutilation; and 18 USC 1519 — Destruction, alteration, or falsification of data in federal investigations. Notably, 18 USC 793 is part of the Espionage Act and makes it a felony to remove or misuse information related to national defense.

All in all, the FBI took about 20 boxes of items from Trump’s house. The agency receipt states that the agency seized classified and classified documents at Trump’s Palm Beach property. However, the ex-president insists the documents in question have been released.

Some US legal observers question the necessity of the FBI’s August 8 raid. In particular, Jonathan Turley, Shapiro professor of public interest law at George Washington University, questioned whether the agency’s sudden interference was really justified, given that Trump’s team had previously worked with the DoJ and responded to a federal subpoena.

“In addition, even if a raid were necessary, it is not clear why the DoJ would invade Mar-a-Lago with such a massive display of violence rather than send a few officers with the order,” Turley wrote in his blog.

The professor goes on to question exactly what documents the FBI was looking for and whether the agency had identified the material to the Trump team and demanded the former president’s return prior to the raid. “It’s hard to imagine that the Trump team would tell the FBI to grind sand if such a demand were made,” Turley noted.

In particular, he drew attention to the “sweeping language” of the FBI’s order, which authorized the agency to seize boxes/containers found near physical documents with classification markings.

“It is difficult to see what material could not be collected under this order,” explains the lawyer. “It’s not surprising that dozens of boxes have been seized.”

Turley cited critics who believe the FBI’s unprecedented raid on Trump’s property resembles a fishing expedition aimed at gathering evidence that could be used against the former president in a prosecution for his alleged role in the Jan. 6 protests. in DC. Previously, the House Select Committee on the January 6 Attack held a series of hearings regarding Trump’s alleged role in the Capitol violation, but has so far been unable to file a criminal case against the ex-president.

Given the controversy that is unfolding, it would be reasonable to appoint a “special master” to review Trump’s records, the attorney argued. Turley added that it is equally important to make public the “supporting affidavit from the FBI,” which would reveal “what the FBI told the magistrate about its previous communications with the Trump team” before Monday’s raid. as well as “the specific allegations of the status of the documents in question.”

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