“waiving privilege” and the crime-fraud exception
[View here as a Twitter thread] What are the implications of Trump “waiving privilege” to the tape? Spoiler: None. Trump didn’t “waive” privilege because the tape isn’t privileged under the crime-fraud exception. 1/ Attorney-Client privilege is a rule that protects client confidentiality. For material to be privileged, it must be an actual client communicating …
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