Trump’s Lawyer Is in ‘The Worst Place an Attorney Can Be’ After Being Ordered to Testify in Documents Probe, Katyal Says
Former U.S. Acting Solicitor General Neal Katyal offered his reaction to the news that a federal judge has ordered an attorney for Donald Trump to testify as part of a criminal investigation.
On Friday, Chief U.S. District Judge Beryl Howell “at least partially granted a request to force” Evan Corcoran to testify about classified documents found at Trump’s Mar-a-Lago residence last year.
Generally, attorney-client privilege prevents lawyers from testifying in probes targeting their clients. However, that privilege is not absolute. If an attorney is suspected to have given their client advice that helped them commit a crime or further a crime, the privilege does not apply under what is known as the crime-fraud exception.
In June of last year, another Trump attorney, Christina Bobb, signed a letter to the Department of Justice stating that as far as she knew, there were no more government documents at Mar-a-Lago. The FBI’s execution of a search warrant at the property in August showed that to be untrue. Bobb told investigators Corcoran asked her to sign the letter.
On Friday’s Deadline: White House, Nicolle Wallace asked Katyal what Howell’s order means for Corcoran and Trump.
“Take us through the legal significance and see if you can jump in and answer some of the questions that the non-lawyers are struggling with,” Wallace said.
Katyal responded:
So, first of all, Nicole, outside of having to represent Donald Trump, being forced to testify in a criminal trial of your client is just about the worst place an attorney can be. So, Mr. Corcoran has a twofer today. Attorney-client privilege is hard to break for the best of reasons.
So, if I’m meeting a client, I want them to feel like they can be free with me so I can defend them. At the same time, it’s obviously a problem if I, as their attorney am criming with them. So a client can’t like, give me the dope and have me sell it and then say, “Oh, we’re privileged or something like that.”
He added that Howell ruled Corcoran must testify because it “looks like he was involved with the furtherance of a crime.”
Katyal predicted Trump’s attorneys will either try to appeal the ruling or Corcoran will agree to testify and will invoke his Fifth Amendment right against potential self-incrimination.
Watch above via MSNBC.
