Like all privileges, the attorney-client privilege is not inviolable. If an attorney speaks to his client in the presence of someone else (other than attorney employees), the privilege goes “poof.” Additionally, if you find yourself conspiring to commit a felony with your attorney, do not expect that your plans will be “safe” as privileged communications. This is where Christina Bobb, late of OAN and new to Trump’s legal team, comes in. Bobb may have, in an impressively short period of time, managed to go from media personality to lawyer, to co-conspirator, to defendant. Bobb is one of two attorneys who signed off on a document stating that Trump had handed over all government files in his possession and – if she did so without a thorough investigation of her own, it can be construed as obstruction of justice, which is a crime, even in Florida.
Bobb needs an attorney, and don’t take any one word for it. Many have noted that Bobb is in serious trouble and that her communications with Trump will not be privileged if she obstructed justice in the process. According to The Insider
“Bobb certainly, at a minimum, is a material-fact witness in the context of the government’s inquiry into possible obstruction and efforts to conceal the records located at Mar-a-Lago,” Bradley Moss, a lawyer specializing in national security, told Insider.
Material fact means that the conversations themselves are evidence and thus not protected by attorney-client privilege. Moss went on to say:
“It is not out of the realm of possibility that the government … will at least seek a court order compelling her to testify before the grand jury, citing the crime-fraud exception to attorney-client privilege. She should arguably be more focused on preparing a viable defense to a potential indictment than spouting off talking points on Fox News.”
Yeah, just like every other self-respecting Trump attorney now needing their own attorney!
“She should stay off of TV at this point, as [she] is only making the situation worse.”
Correct.
Trump is just a dangerous client and dangerous “partner” in any business or political endeavor. He lies with such impunity that at any given point, a person may have themselves exposed when tied to one of his lies. Christina Bobb is exhibit “A” in this self-evident truth. She may have joined up with Trump’s defense with good intentions, being honest, providing good counsel, and it’s all fallen apart… quickly.
But Bobb’s criminal exposure could make her a critical witness. She may find herself desperately in need of a “deal.” She may also be one of the few people who might really know Trump’s motives and actions with respect to those files and thus might be the most direct line to the truth.
It is worth keeping an eye on Bobb because she will almost surely play a prominent role in this critically important potential criminal case.
@JasonMiciak believes a day without learning is a day not lived. He is a political writer, features writer, author, and attorney. He is a Canadian-born dual citizen who spent his teen and college years in the Pacific Northwest and has since lived in seven states. He now enjoys life as a single dad of a young girl, writing from the beaches of the Gulf Coast. He loves crafting his flower pots, cooking, and currently studies philosophy of science, religion, and non-math principles behind quantum mechanics and cosmology. Please feel free to contact for speaking engagements or any concerns.