So, here's the summary: it may not look like it, but this is DEVASTATING for Eastman so far. Judge is going methodically through all the reasons why no atty-client relationship may exist AT ALL, which would enable him to skip the crime/fraud stuff AND would bulletproof .. /1 of x
..the opinion on appeal even from the hackiest of right-wing activists. Right now we have a tough set of questions pending for Chapman Univ regarding the fact that Eastman represented W in 2000 election litigation & was commended for it - that seems to contradict the arg now ../2
...that Eastman's rep of Trump would violate university policies. If Chapman U comes back with a good answer here - and it's hard to imagine they haven't thought through this - this could be over on no expectation of privacy. If they can't, THEN Judge Carter will look at ... /3
...other args regarding the existence, scope of representation, etc. So think of this as democracy on offense right now - maybe the drive stalls on the goal line, but the "worst"-case scenario is failure to score, not a score by the other side. /4 of 4
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This will be the formal live-tweeting of the @DrJohnEastman Privilege hearing with replies below. 111 documents at issue. Hearing begins with #Eastman lawyer trying to clean up issues that should be clear (i.e., was there attorney-client relationship with Trump)
#Eastman begins with argument that the 111 docs are all basically work product & the standard for wp waiver is higher than just bare communication - key case here is US v Sanmina, 968 F.3d 1107 scholar.google.com/scholar_case?c…
After wp doctrine, now we're getting into crime/fraud exception, which #Eastman notes is why we're all here
Here is what I can tell about the DFEH/EEOC dustup over the settlement we discussed in Episode 530. Buckle up! /1 openargs.com/oa530-andrew-t…
Two days ago, the DFEH moved to intervene (and to shorten time for consideration of that motion) in the case in order to object to the settlement on the grounds that it was inequitable. So I went to see if the EEOC intends to object to that intervention... /2
Turns out: YES, the EEOC filed their objection yesterday, under seal, and for VERY different reasons than I suspected. The EEOC has argued that the two main California state DFEH lawyers were former EEOC lawyers... /3
I think I've just caught the government lying in its brief opposing en banc reconsideration in the Flynn case. Their arg on p.15 is to a supposed 1996 amendment to FRAP 35(b) that DOES NOT EXIST. It DID NOT HAPPEN. (The FRAP 21(a) cite is also bogus.) Pls share; links follow.