But…doesn’t she just know “the beans” and is now free to spill them to whomever she chooses?
But…doesn’t she just know “the beans” and is now free to spill them to whomever she chooses?
Only if she wants to get disbarred.
What about anonymous leaks then?
I can see those coming from everywhere.
Why would she be disbarred, or sanctioned at all? Prosecutors aren’t bound by any attorney-client privilege. She can write a three-book series if she wants. The only caveat would be if she entered into an NDA when she was hired, but I’ve never seen one in a DA’s office.
Their client is the muni/state/gov. Not saying it’s good just pointing out, they file on behalf of whatever gov org they work for which is their client.
Your argument is like arguing that Don McGahn or Pat Cipillone were Trump’s lawyers. They were not. While your position apparently makes sense to you and would perhaps to other laymen, it’s incorrect
That’s not how it works. Your client can be any entity, including a government, but prosecutors don’t advise government. They prosecute on behalf of the state. And their work is public. Nothing gets filed in a criminal case that isn’t public without leave of court. Andrew Weissman wrote a book.
The evidence gathered in an investigation for a prosecutor gets admitted. It’s part of the public record. Grand jury proceedings are secret. Anyone (not just lawyers) who breaks the secrecy, except a grand juror (that happened in Fulton County) has broken the law.
The work they file in court cases is public. The investigations and material that don't make it into court cases might or might not ever become public, though some has to be shown to the defense. She might well have had a bunch of evidence that was blocked by DoJ's "don't investigate the boss."
Again, she doesn’t choose her cases, but a prosecutor of her status faced with evidence of sexual misconduct by Trump would quit if told that was off limits. All subpoenas are public. Investigative material comes in on the stand via the investigator on cross. I was a prosecutor.
Wouldn’t in theory though materials not submitted into evidence or revealed on cross would be privileged and/or work product right? Meaning information that she was privy to on a case she worked might be relevant in a case investigating trump, but wouldn’t be something shes supposed to reveal?
To clarify… A client can be an organization, government entity, corporate entity, perhaps even a doorknob (that would be interesting to argue) etc. Regardless privilege still applies, so disbarment is a real possibility.
(doorknob doesn’t work it can’t invoke, still it’s funny to think about) 😏
If you filed papers of incorporation for said doorknob then it would be a person and would apply
This is something to consider, if your knobs or even doors are legal entities they have rights, which could be useful in some situations. 🤔
Mmm no good it would be the officers of the corp at that point, which in the end would still be you, that said you could appoint officers that aren’t you and have some protection assuming they were willing to assume some responsibily for your knob/door corporation. Perhaps an anonymous corp… 😏