In a recent filing in his suit, Mr. Eastman said Mr. Trump had retained him “because of his election law and constitutional expertise” in the fall of 2020 for “federal litigation matters in relation to the 2020 presidential general election, including election matters related to the Electoral College.”
Instead, judges and attorney discipline panels are performing their own investigations, case by case, in a methodical fashion. This week in Michigan, U.S. District Judge Linda Parker grilled lawyers close to Trump about the actions they took before filing a lawsuit that claimed irregularities in the 2020 election.
Here's why the Trump children might want to lawyer up. Depending on what Trump Organization family members have said so far, it may already be too late to avoid legal drama.
Representatives of Mr. Trump did not respond to requests for comment. Charles Burnham, a lawyer for Mr. Eastman, said that his client, like all lawyers, “has a responsibility to protect client confidences, even at great personal risk and expense.”
A company attorney represents the company, not the individual employees or executives. It's quite likely that Trump Organization attorneys have already asked — and Trump family members have already answered — questions about what each of them did or did not do that might be the focus of New York's investigation.
The Upjohn case result ed in a kind of good news/bad news conclusion. The good news for corporations was that the court found that attorney-client privilege applied to communications between company attorneys and employees.
Frank Figliuzzi’s message to the Trump family: ‘It’s time to separately lawyer up’. That meant companies could confidentially rely on, and preserve under privilege, what their employees told them about what went wrong. The bad news for employees was that the attorney-client privilege had nothing to do with them.
Importantly, because the Trump Organization case is now criminal, individual employees and officers of that organization can face criminal charges for their specific roles in any corporate wrongdoing. Donald Jr. and Eric still serve as executive vice presidents of the organization, a title that Ivanka Trump previously also held. And, of course, before his presidency, their infamous father was at the helm of the organization.
The news comes on the heels of a Supreme Court ruling last month that declared the president was not immune from state criminal investigations, therefore clearing the way for a New York grand jury to subpoena Trump’s financial records, an effort spearheaded by Manhattan District Attorney Cyrus R. Vance Jr.
James Bruno is a Washington Monthly contributing writer and former U.S. diplomat. Read his blog, DIPLO DENIZEN, and follow him on Twitter @JamesLBruno. The opinions and characterizations in this article are those of the author, and do not necessarily represent official positions of the U.S. government.
Crucially, states also are not subject the U.S. Department of Justice’s rule that a sitting president may not be prosecuted for federal crimes. Trump, therefore, is stripped of his four-year kryptonite shield if he is re-elected. A state indictment of a sitting president, though historically unprecedented, is entirely possible.
He collaborated with people within the Trump organization to cover up the hush payments just before the election,” Levin said. Look, at least initially, for indictments of Trump underlings. The good news, though, is that Vance will not put off his investigation and possible indictments until after the November election.