Judging Freedom - Trump Lawyers Latest

Episode Date: October 4, 2022

National Archives alerted lawyers for Trump about missing letters with North Korean leader in May 2021, records show https://www.cnbc.com/2022/10/03/trump... #TrumpSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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gentle guidance and encouragement to create these incredible changes for yourself and see what good can come from them. Trust me, listening on Audible can help you reach the goals you set for yourself. Start listening today when you sign up for a free 30-day trial at audible.com slash wonderyca. That's audible.com slash wonderyca. That's audible.com slash wonderyca. Hi, everyone. Judge Andrew Napolitano here with Judging Freedom. Today is Monday, October 3rd, 2022. It's about 6.50 in the evening here on the east coast of the United

States. The Washington Post is breaking news. Again, we don't know where they get this from, that when the National Archives asked one of President Trump's lawyers if all the documents that the National Archives was seeking had been surrendered, the lawyer asked his client, the former president, who said, yes, tell them they have everything. And the lawyer declined to do so. The lawyer's name is Alex Cannon, C-A-N-N-O-N, same name as the judge in this case, Aileen Cannon. But there doesn't appear to be or there isn't a relationship that is publicly known. Mr. Cannon, who had been a lawyer for Trump for a long time, going back to the campaign and in the White House and now at his estate in Florida, for some reason did not believe his own client and refused to tell the National Archives what the client, Donald Trump, wanted him to say.

This obviously was leaked somewhere along the line, whether it was leaked by Mr. Cannon or someone who works for him at Mar-a-Lago or leaked by someone at the National Archives. Now, we had a similar case involving the former president where one of his lawyers certified under oath to the Department of Justice that all of the documents sought by the National Archives, including the top secret ones, had been surrendered. Then the FBI raided Trump's house and picked up another 100 classified top secret documents. So we know that that statement made under oath, not by Mr. Cannon, but by another lawyer whose name has not been revealed, that that lawyer made a material misrepresentation to the government, and that's a felony. The question is, was the lawyer misleading the government, or was the lawyer misled by her client. If a pattern develops here of former President Trump lying to

his own lawyers, then they cannot represent him, and there is no attorney-client privilege. That's the danger that the former president runs when he asks his lawyers to engage in some sort of deception, particularly with respect to the government, there is what's called the crime fraud exception to the attorney-client privilege. Okay, take a step back. The attorney-client privilege allows the client to bar the attorney from telling the government or anyone else communications between the client and the attorney. When there is crime, fraud, or deception involved in what the client said to the attorney or the attorney said to the client, then there is no attorney-client privilege for that aspect of the communications. That would mean now that Alex Cannon's name's out there, the feds can subpoena him to testify before the grand jury investigating former President Trump, and he cannot decline to speak

on the basis of the attorney-client privilege. He'll have to speak truthfully. And he will either, well, he'll become a witness. So for that reason as well, since a lawyer can't be a lawyer in the case and a witness in the case, in the same case, Mr. Cannon cannot continue to represent him. Again, we see the president, the former president creating problems that need not exist. Don't lie to your

lawyer. Don't ask your lawyer to tell the government of all people something that's not true because it'll come back to bite you. Or as we get it, Judge Napolitano for judging freedom.