Saturday, June 3, 2023

Lordy, There Are Tapes: Trump Lawyer Edition




Whether it's the infamous "find me 11,780 votes" tape of the Malignant Loser's phone call to Georgia's Secretary of State Brad Raffensperger in 2020, his deposition in the Carroll rape trial, or his recently revealed tape of him yakking about classified contingency plans for an attack on Iran, tape recordings will prove to be the ingredient that makes prosecutors' cases against him. That goes for contemporaneous tapes made by others. The attorney representing the Malignant Loser in the classified documents case, Evan Corcoran, routinely recorded his recollections on his iPhone as he represented the Malignant Loser, as the New York Times reports:

"In complete sentences and a narrative tone that sounded as if it had been ripped from a novel, Mr. Corcoran recounted in detail a nearly monthlong period of the documents investigation, according to two people familiar with the matter.

Mr. Corcoran’s narration of his recollections covered his initial meeting with Mr. Trump in May last year to discuss a subpoena from the Justice Department seeking the return of all classified materials in the former president’s possession, the people said. 

It also encompassed a search that Mr. Corcoran undertook last June in response to the subpoena for any relevant records being kept at Mar-a-Lago, Mr. Trump’s private club and residence in Florida. He carried out the search in preparation for a visit by prosecutors, who were on their way to enforce the subpoena and collect any sensitive material found remaining there." (our emphasis)

The article points out that an attorney's work products and conversations are normally covered by attorney-client privilege. However, a Federal court ruled that was nullified in this case because of the "crime-fraud exception," indicating that the court believed that the attorney's work may have been used in furtherance of a crime. Corcoran's recordings are now in the hands of Special Prosecutor Jack Smith. More from the Times:

"Mr. Corcoran’s notes, which have not been previously described in such detail, will likely play a central role as Mr. Smith and his team move toward concluding their investigation and turn to the question of whether to bring charges against Mr. Trump. They could also show up as evidence in a courtroom if a criminal case is ultimately filed and goes to trial.

The level of detail in the recording is said to have angered and unnerved close aides to Mr. Trump who are worried they contain not only direct quotes from sensitive conversations."  (our emphasis)

The evidence of obstruction and violations of the Espionage Act by the Malignant Loser seem overwhelming, and an indictment should be forthcoming. In Corcoran's case, he may face sanctions or even criminal charges, giving weight to the observation that "MAGA" actually stands for "Making Attorneys Get Attorneys."