Attorney-Client privilege would not apply if there is unlawful activity between the lawyer and client.
Senator Lindsey Graham, in praising the nomination of Neil Gorsuch to the Supreme Court by Trump, mentioned something about his fear of who Trump would pick for the seat left vacant by the passing of Justice Antonin Scalia. He said he didn’t know who Trump would pick – possibly a TV judge, or something.
You just couldn’t believe he’d go that far, however.
Then again, if Fox News personality, Judge Andrew Napolitano is to be believed, the president is absolutely considering it.
.. Friends warned Napolitano not to take the president too literally – or seriously. “He’ll take your call and invite you to the Oval Office, but he just wants you to say nice things about him on TV,” the source says he told Napolitano at the time. But that didn’t sink the ambitious judge’s hopes.
.. “I think 20 years from now, people will look at 9/11 the way we look at the assassination of JFK today,” he told radio host and conspiracy theorist Alex Jones in 2010. “It couldn’t possibly have been done the way the government told us.”
Mr. Trump made clear that he felt the White House had nothing to retract or apologize for. He said his spokesman was simply repeating an assertion made by a Fox News commentator.
.. “We said nothing,” Mr. Trump told a German reporter who asked about the matter at a joint White House news conference with Chancellor Angela Merkel. “All we did was quote a certain very talented legal mind who was the one responsible for saying that on television. I didn’t make an opinion on it.” He added: “You shouldn’t be talking to me. You should be talking to Fox.”
.. Shortly afterward, Fox backed off the claim made by its commentator, Andrew Napolitano. “Fox News cannot confirm Judge Napolitano’s commentary,” the anchor Shepard Smith said on air. “Fox News knows of no evidence of any kind that the now president of the United States was surveilled at any time, any way. Full stop.”
.. “Frankly, unless you can produce some pretty compelling truth, I think President Obama is owed an apology,” Mr. Cole told reporters. “If he didn’t do it, we shouldn’t be reckless in accusations that he did.”
.. “The cost of falsely blaming our closest ally for something this consequential cannot be overstated,” Susan E. Rice, who was Mr. Obama’s national security adviser, wrote on Twitter. “And from the PODIUM.”
.. Mr. Spicer tried to turn the tables on those statements during his briefing on Thursday by reading from a sheaf of news accounts that he suggested backed up the president. Most of the news accounts, however, did not verify the president’s assertion
.. But it has never reported that Mr. Obama authorized the surveillance, nor that Mr. Trump himself was monitored.
.. Mr. Spicer read from comments made by Mr. Napolitano on Fox this week. “Three intelligence sources have informed Fox News that President Obama went outside the chain of command,” Mr. Spicer read. “He didn’t use the N.S.A., he didn’t use the C.I.A., he didn’t use the F.B.I., and he didn’t use the Department of Justice. He used GCHQ.”
.. GCHQ was the first agency to warn the United States government, including the National Security Agency, that Russia was hacking Democratic Party emails during the presidential campaign.
Andrew Napolitano questions the economic underpinnings of the Civil War and Lincoln’s legacy, but Larry Wilmore argues that tea isn’t the only black thing worth fighting for. (6:05)