Charter Member
Not only does the attorney/client privilege come into play, but so does the New York statute prohibiting recording without notice and permission. No way it is admissible in a court proceeding. In fact, Cohen could be prosecuted for merely recording any such conversation.
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“You can vote your way into socialism, but you have to shoot your way out.” — Too fundamental to have an attribution
Charter Member
Not to argue law with one far more knowledgeable than me---but--you might want to check in on NY law. It is my understanding that under NY law both parties do not have to consent to recording a conversation.Originally Posted by wacojoe
New York Wiretapping Law
New York's wiretapping law is a "one-party consent" law. New York makes it a crime to record to record or eavesdrop on an in-person or telephone conversation unless one party to the conversation consents. N.Y. Penal Law §§ 250.00, 250.05. (link is to the entire code, you need to click on the Penal Code section, then choose Article 250 and locate the specific provisions). Thus, if you operate in New York, you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance. That said, if you intend to record conversations involving people located in more than one state, you should play it safe and get the consent of all parties.
"A pessimist sees the difficulty in every opportunity, an optimist sees the opportunity in every difficulty” ---Sir Winston Churchill
"Political extremism involves two prime ingredients: an excessively simple diagnosis of the world's ills, and a conviction that there are identifiable villains back of it all." ---John W. Gardner
“You can’t go back and change the beginning, but you can start where you are and change the ending.” ---C. S. Lewis
Charter Member
It is exempt from such privilege if the conversation lead to criminal conduct--as an example, fraudulent use of funds.
"A pessimist sees the difficulty in every opportunity, an optimist sees the opportunity in every difficulty” ---Sir Winston Churchill
"Political extremism involves two prime ingredients: an excessively simple diagnosis of the world's ills, and a conviction that there are identifiable villains back of it all." ---John W. Gardner
“You can’t go back and change the beginning, but you can start where you are and change the ending.” ---C. S. Lewis
Charter Member
This just in from the White House:
Fred
"Everyday I beat my own previous record for number of consecutive days I've
stayed alive."
'Take care of yourself, and each other.'
Charter Member
I must have spoken out of turn and humbly admit my mistake. I now read that Trump, through his attorneys, waives any privilege and stands by the conversation. I have not read or heard the contents, but apparently Trump contends it validates his position - whatever that is - but Lanny Davis expectedly disputes that. I guess when you are a reprobate, it is normal to hire a double-dealing scumbag as your attorney. Hard to feel other than “you get what you deserve.”
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I note you have voiced no comment on Mueller seeking immunization of the Podesta gang.
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“You can vote your way into socialism, but you have to shoot your way out.” — Too fundamental to have an attribution
Charter Member
I pretty much agree with your assumption, synopsis, opinion. That's why I said " I've somehow...I think... I just don't...how I felt..." How I phrased "a morally corrupt person" was meant in my opinion, a continuation of that line. I don't know what kind of clauses they have in their pre-nups just speaking for myself.
+
This is your mind on drugs!
Charter Member
Further to the "one party consent" law in NY, I saw a graphic today showing that most (I think 37) states have that law-----including Texas.
BTW----PA is not one of them
"A pessimist sees the difficulty in every opportunity, an optimist sees the opportunity in every difficulty” ---Sir Winston Churchill
"Political extremism involves two prime ingredients: an excessively simple diagnosis of the world's ills, and a conviction that there are identifiable villains back of it all." ---John W. Gardner
“You can’t go back and change the beginning, but you can start where you are and change the ending.” ---C. S. Lewis
Charter Member
I figured because New York is so liberally inclined it would not have the one-party rule. That’s what you get for figuring instead of researching.
Trump obviously is of the opinion that whatever was recorded in that one conversation was unharmful to him, which is why he publicly waived any arrorney/client objection, but I would have advised against that approach not knowing what future recorded conversations will come up. If more do come up that are harmful, it makes it hard to then explain why Trump seeks to then invoke his right to object to disclosure.
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“You can vote your way into socialism, but you have to shoot your way out.” — Too fundamental to have an attribution
Charter Member
Interesting opinion---I would not regard the "one party rule" to be associated with conservative politics---in fact, I would regard the opposite to be true. But then again I have marveled at the the apparent growing willingness on the part of "conservatives" to give up their personal liberties to the state.
"A pessimist sees the difficulty in every opportunity, an optimist sees the opportunity in every difficulty” ---Sir Winston Churchill
"Political extremism involves two prime ingredients: an excessively simple diagnosis of the world's ills, and a conviction that there are identifiable villains back of it all." ---John W. Gardner
“You can’t go back and change the beginning, but you can start where you are and change the ending.” ---C. S. Lewis
Registered Member
lol I think you're assigning way too much thought by trump. He knows his supporters aren't paying close attention to facts or his daily musings. He contradicts himself daily because it doesn't matter to them. These are ppl saying we need a space force because NASA can't be trusted to tell us whats out there and Trump will provide them with answers..I figured because New York is so liberally inclined it would not have the one-party rule. That’s what you get for figuring instead of researching.
Trump obviously is of the opinion that whatever was recorded in that one conversation was unharmful to him, which is why he publicly waived any arrorney/client objection, but I would have advised against that approach not knowing what future recorded conversations will come up. If more do come up that are harmful, it makes it hard to then explain why Trump seeks to then invoke his right to object to disclosure.
Charter Member
^^^
Disagree. Trump gives the issue of payments to Trump’s old punches or their lawsuits no never mind because he knows we supporters do not either. NASA has nothing to do with potential weaponization of space, which is why that increasing possibility evokes talk of a “Space Force.” I expect our “progressive” friends to have almost no understanding of military matters though. In their no borders world why be concerned about an orbiting particle beam projector anyway? Why can’t we all be friends?
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“You can vote your way into socialism, but you have to shoot your way out.” — Too fundamental to have an attribution
Guest
I do believe that in one report that Trump told his lawyer if he was going to pay the skank, make sure it was with a check so they had a paper trail. Doesn't sound like a guy trying to hide anything, let alone breaking finance laws. And before anybody decides to jump on the finance law train, better check into some of the other candidates and what they had to do as far as that particular bunch of laws cost them.
Charter Member
Just a teaser to keep one from forgetting the bad week he had.
Fred
"Everyday I beat my own previous record for number of consecutive days I've
stayed alive."
'Take care of yourself, and each other.'
Registered Member
In general what you said is an inaccurate representation of the current state of the law. The attorney-client privilege is quite complex and I'm not going to take 3 hours here to go through 100 Years of Juris prudence. Suffice it to say if there is no imminent fear of violence or danger to another individual an attorney shall not ever share information with anyone that they gained through discussions with their client. Now if the client is determined to lie before a Tribunal the lawyer must caution the client that they shall not lie and that if they do lie that the attorney will immediately withdraw. If the client is still determined to tell a falsehood to a court of law then the attorney must notify the court that they can no longer represent their client but may never still reveal the fact that their client was going to lie. So in these instances attorneys are put in a very bad position. The bottom line is the two main exceptions are if the attorney believes violence or injury could occur based on conversations that occurred during an attorney client session or if the attorney believes that the client is going to lie to a Tribunal. Now as I said in the beginning that is the general law and I wouldn't dare to try to say I know anything about some weird statute or professional responsibility rule in New York or Connecticut or California or Flat Rock Arkansas. But I did stay at a Holiday Inn Express last night
OPINION....a view or judgment formed about something, not necessarily based on fact or knowledge.
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