HAPPY CRIME-FRAUD EXCEPTION DAY, FOR THOSE WHO CELEBRATE
The headline above from Marcy at emptywheel made me smile. The subjects of her post have less reason to.
For the US political world … today marks crime-fraud exception day, the day that at least one of Trump’s attorneys will be obliged to testify about how Trump lied to his lawyers to try to get away with hoarding stolen classified documents.
Because Evan Corcoran (and possibly Georgia attorney Jennifer Little) will testify today, I thought it a good day to update the list of attorneys who were or have been witnesses or who may be subjects in one or more investigations into Trump.
Since the Stormy Daniels payment may lead to Trump’s first indictment, Michael Cohen gets pride of place at number one on this list, a reminder that for seven years, Trump lawyers have been exposing themselves to legal jeopardy to help him cover things up.
The following lawyers have all — at a minimum — appeared in subpoenas pertinent to one or another of the investigations into Donald Trump, and a surprising number have testified before grand juries, including at least three with (Executive Privilege) waivers. To be clear: Many have no legal exposure themselves, but are instead simply witnesses to the efforts made to keep Trump in line before they were replaced with lawyers who were willing to let Trump do whatever he wanted, legal or no. But some of these lawyers have had legal process served against them, and so may themselves be subjects of one or multiple investigations.
- Michael Cohen (hush payment): convicted felon whose phones were seized April 9, 2018
- Rudolph Giuliani (Ukraine, hush payment, Georgia, coup attempt): phones seized in Ukraine investigation April 28, 2021, received subpoena for billing records in fundraising investigation around December 2022
- John Eastman (Georgia, coup attempt): communications deemed crime-fraud excepted March 28, 2022; phone seized June 22, 2022
- Boris Epshteyn (stolen documents, coup attempt, Georgia): testified in Georgia grand jury; phone seized in September after which he retroactively claimed to have been doing lawyer stuff
- Sidney Powell (fraud, coup attempt, Georgia): Subpoenas sent in fraud investigation starting in September 2021; testified before Georgia grand jury; appeared in November subpoena
- Jeffrey Clark (coup attempt): May 26 warrant for cloud accounts and phone seized June 22, 2022
- Ken Klukowski (coup attempt): May 26 warrant for cloud accounts
- Victoria Toensing (Ukraine, coup attempt): Phone seized in Ukraine investigation April 28, 2021, on June and November subpoenas
- Brad Carver (Georgia and fake elector): phone contents seized June 22
- Jenna Ellis (coup attempt and Georgia): Rudy’s sidekick, censured by CO Bar for
lyingserial misrepresentations, on June and November subpoenas - Kenneth Cheesbro (fake elector, Georgia): included in June and November subpoenas
- Evan Corcoran (stolen documents): testified before grand jury in January, testifies under crime-fraud exception on March 24
- Christina Bobb (coup attempt, Georgia, stolen documents): interviewed in October 2022 and appeared before grand jury in January, belatedly asked for testimony in Georgia
- Stefan Passantino (coup attempt obstruction and financial): included in November subpoenas, alleged to have discouraged full testimony from Cassidy Hutchinson
- Tim Parlatore (stolen documents): appeared before grand jury in December 2022
- Jennifer Little (Georgia and stolen documents): ordered to testify under crime-fraud exception
- Alina Habba (stolen documents, NYS tax fraud): testified before grand jury in January
- Bruce Marks (coup attempt): included in November subpoena
- Cleta Mitchell (coup attempt and Georgia): included in November subpoenas
- Joshua Findlay (coup attempt): included in June subpoenas
- Kurt Olsen (coup attempt): included in November subpoenas
- William Olson (coup attempt): included in November subpoenas
- Lin Wood (coup attempt): included in November subpoenas
- Alex Cannon (coup attempt, financial, stolen documents)
- Eric Herschmann (coup attempt, Georgia, financial, stolen documents)
- Justin Clark (coup attempt and financial): included June and November subpoenas
- Joe DiGenova (coup attempt): included in June and November subpoenas
- Greg Jacob (coup attempt): grand jury appearances, including with Executive Privilege waiver
- Pat Cipollone (coup attempt): grand jury appearances in summer and — with Executive Privilege waiver — December 2
- Pat Philbin (coup attempt and stolen documents): grand jury appearances in summer and — with Executive Privilege waiver — December 2
- Matthew Morgan (coup attempt): included in November subpoenas
Tim Parlatore is the latest addition to this list, based off someone’s decision to reveal Parlatore’s testimony to the stolen documents grand jury in December. As ABC reported, Beryl Howell ordered him to testify after he belatedly revealed that investigators he hired had found four documents with classification marks in a box brought back to Mar-a-Lago after the August 2022 search (he emphasizes that he did so without a subpoena, but this was an effort to stave off a finding of contempt).
It goes on, of course.
What attorney in her/his right mind agrees to represent Trump?
Don’t answer that.