Trump White House Counsel Pat Cipollone has no legal leg to stand on.
With news reporting Pat Cipollone is considering invoking executive privilege before grand jury.
PSA: DC Court of Appeals rejected such claims of (incumbent!) Deputy White House Counsel before a grand jury.👇
2. The same goes for Greg Jacob, Pence chief counsel.
DC Court of Appeals - in re Lindsey 1998 - made points that are directly relevant to these Trump White House lawyers.
Most important: A GOVERNMENT lawyer has special duty to expose evidence of potential criminal wrongdoing.
3. What's more, DC Court of Appeals noted the weakness in trying to asserting such privilege WITHIN the executive branch (in contrast to asserting it against Congress).
Case involved DOJ seeking information from WH lawyer before grand jury.
4. This prescient piece by former White House Counsel W. Neil Eggleston drives these points home as well:
"In the grand jury context, it is only more apparent that any assertion of privilege would collapse."
I spoke with @politico’s greats — @kyledcheney@joshgerstein@woodruffbets — about sure loser if Trump tries to assert attorney-client or executive privilege to block WH lawyers telling grand jury what they know.
“One potential downside for Trump if he does put up a privilege fight over the grand jury demands is a repeat of what happened in the Eastman case, with a judge or multiple judges publicly declaring that he probably broke criminal law.”
Agreed.
3. Great quote by former White House Counsel Neil Eggleston:
“There is no way that any court would say they didn’t have to testify to conversations with President Trump in a grand jury investigation — a criminal investigation arising out of that conduct.”
Dec. 26, 2020: Meadows and Rep. Perry used Signal, an encrypted messaging platform, when discussing elevating Clark to the position of acting attorney general.
Jan.5, 2021: A member of Congress texted Meadows, “Please check your signal.”
3. Nothing to see here.
The Chief White House photographer was told “no photographs” of Trump between 1:21pm and 4:00pm despite her wanting to do so because she thought it was “very important for his archives and for history.”
"Milley and Pompeo confided in one another that they had a persistent worry Trump would try to use the military in an attempt to hold onto power if he lost the election"
AZ fake elector organizer to Trump Campaign adviser:
“We would just be sending in ‘fake’ electoral votes to Pence so that ‘someone’ in Congress can make an objection when they start counting votes, and start arguing that the ‘fake’ votes should be counted”
AZ fake electors propose “keep it under wraps until Congress counts the vote Jan. 6th (so we can try to ‘surprise’ the Dems and media with it)."
Not how alternate electors ever work. Their intent is to gum up/obstruct the process
3. Consciousness of guilt:
"The emails were apparently not shared with lawyers in the White House Counsel’s Office, who advised that the 'fake electors' plan was not legally sound, or other lawyers on the campaign."
2. From what we know and all Marc Short’s testimony publicly disclosed by January 6 committee, he has the most evidence to give if DOJ wants to pursue this line of inquiry.👇
@BarbMcQuade’s model prosecution memo on the conspiracy to pressure Mike Pence.
3. Nugget in NYT backs up Miller's earlier testimony:
"The president did tell advisers in the days before Jan. 6, 2021, that he wanted a National Guard presence, BUT it appeared he wanted the troops as extra protection for his supporters, his aides have privately acknowledged."