Hillary Clinton tries to block Durham from getting these documents

welcome to the show former federal prosecutor jim trustee first this it's good to see you jim okay this new new york times book is is detailing how there's rivalry rivalry between uh the obama team and the biden team nancy pelosi even is quoted as saying that president obama and his team were jealous of buying successes now we've got uh david axelrod we've got hunter biden quoted in an email calling david axelrod i can't even say it quote a giant blank in an email so when you see this going on why did obama then let hunter bind do what he did flying in air force two to do all these shady overseas business deals yeah who knows i'm impressed with your shyness about using the uh the a word that was used there but look it just shows frustration behind the scenes between you know politically ambitious families and candidates i don't think there's anything particularly revolutionary about hunter biden using that phrase and and axelrod's probably responding with you know takes one to no one i mean it's a a bout of immaturity over the issue of whether joe would have been a better candidate than hillary clinton in 2016 which is pretty academic you know jim the other story too you mentioned hillary clinton her team is now putting up a major battle against special counsel john durham the committee for hillary clinton's campaign claiming attorney-client privilege trying to block documents of how hillary campaign law firm perkins coie did its work on hillary's trump russia including christopher steele and fusion gps is there attorney client privilege here there's potential privilege i mean we're kind of a half step removed from hillary the client here is hillary for america her campaign so we're a little a little bit of a gap between hillary and what's going on here attorney-client privilege is an absolute privilege when it applies but there are moments where it doesn't apply like if you are communicating and a third person is brought into the conversation who's not the client and not part of the law firm then that can that can destroy it and that's why they also raise work product privilege another privilege a non-absolute privilege meaning a court can pierce it if they have good reasons to and you have to decide as a judge on a case-by-case communication by communication basis so there's not going to be an absolute blanket ruling that every communication involving perkins coie is protected by attorney-client privilege they've got to go one by one and make the decision before the trial in two weeks hillary's campaign funded fusion gps fusion gps hires christopher steele they claim a turn attorney client work privilege but privilege but fusion gps was not an attorney again it was hired by hillary's campaign to dig up dirt on trump russia get the fbi cia doj to go after trump and then leak all that information to the media claiming the government was investigating when they were the ones pushing that into the government so it seems to be a bit of a stretch to say that's a that's a work product under attorney-client privilege uh saul weisenberg says it's not yeah no it is a stretch i mean the work product privilege typically actually is to protect when the attorney makes some written observations like man this this witness is going to be bad on the stand or i need to research topic a it can extend to essentially subcontractors of the attorney in other words you can basically say hey i want to hire an investigator and i want those con those conversations to be under the shield of attorney client or work product privilege but again it's case by case and the big thing that hillary has to worry about is the crime fraud exception if the court looks at it and says well you know what this isn't opposition research this is a crime then it's going to blow open any privilege even attorney client you know now they're trying to downplay trump russia that they cooked up as oh just fact finding just research on trump when they're trying to get the cia if you had to go after them when they did that with robert mueller all right jim trustee good to see you thanks so thanks for joining us okay

Channel: Fox Business

Views: 886,688

Keywords: Barack Obama, FOX Business, Hillary Clinton, Hillary for America, Jim Trusty, Joe Biden, John Durham, Liz Macdonald, Perkins Coie, The Evening Edit, Trump Russia investigation, special counsel

Id: _zRbWbjYabI

Length: 3min 52sec (232 seconds)

Published: Tue May 03 2022