The (many) indictments of Donald Trump

#17,401
#17,401
volbound1700 said:
My entire response was based on your comment that you would record all your clients. I found that alarming and still stand by it.

I think the two of us would have moved on from the topic based on your posts but then I got into it with RockyTop85.
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I never said anything remotely like that. In 28 years I never have, and never would, record my conversations with clients.
 
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#17,402
#17,402
RockyTop85 said:
From the statute:

It is lawful under §§ 39-13-601 — 39-13-603 and title 40, chapter 6, part 3 for a person not acting under color of law to intercept a wire, oral, or electronic communication, where the person is a party to the communication or where one of the parties to the communication has given prior consent to the interception, unless the communication is intercepted for the purpose of committing any criminal or tortious act in violation of the constitution or laws of this state.
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You are misreading it. It only takes one person to consent in a conversation, but you cannot record someone against their will. Even in the case of an attorney, he has to have permission from his client to record. You are again taking the writing out of context to fit your narrative. I feel like you are literally trying to defend being unethical. Are you in the practice of skirting ethics? Makes me wonder.

So, when is it illegal to record someone without their consent?

When no one on the recording has consented.

You can’t just bug a house and record everyone, you can’t just wiretap a phone and record everyone, you can’t just go around recording everyone all the time without anyone consenting to being recorded.

This is the primary reason most security cameras are visual only, no audio. Unless there is someone there constantly giving consent to be audio recorded, you can’t randomly record “everyone” on audio without anyone knowing.

This is also why police would need a warrant to record or wiretap a target, because they are making a recording where no one has consented. But they won’t need a warrant for a body cam or under cover officer with a hidden microphone because that officer has consented to the recording, and no other consent was required.

Side note: a lawyer with a client, a lawyer could legally record his clients, because he consented to being recorded and doesn’t need the clients permission. But he couldn’t share those recordings with anyone else because it’s still protected by attorney client privilege, the recordings could only be for his own personal use. It would be as protected as written documentation.

Also, the above could be bad practice if these recordings happen to leak in anyway (which they did in the Cohen case) as you lose the attorney-client privilege as called out.

If you lose the attorney-client privilege, as an attorney it could be related to your negligence which would allow your client to file a complaint against you with Tennessee Professional Board of Responsibility for Negligence/Malpractice if these recordings end up in court.
 
#17,405
#17,405
volbound1700 said:
You are misreading it. It only takes one person to consent in a conversation, but you cannot record someone against their will. Even in the case of an attorney, he has to have permission from his client to record. You are again taking the writing out of context to fit your narrative. I feel like you are literally trying to defend being unethical. Are you in the practice of skirting ethics? Makes me wonder.

So, when is it illegal to record someone without their consent?

When no one on the recording has consented.

You can’t just bug a house and record everyone, you can’t just wiretap a phone and record everyone, you can’t just go around recording everyone all the time without anyone consenting to being recorded.

This is the primary reason most security cameras are visual only, no audio. Unless there is someone there constantly giving consent to be audio recorded, you can’t randomly record “everyone” on audio without anyone knowing.

This is also why police would need a warrant to record or wiretap a target, because they are making a recording where no one has consented. But they won’t need a warrant for a body cam or under cover officer with a hidden microphone because that officer has consented to the recording, and no other consent was required.

Side note: a lawyer with a client, a lawyer could legally record his clients, because he consented to being recorded and doesn’t need the clients permission. But he couldn’t share those recordings with anyone else because it’s still protected by attorney client privilege, the recordings could only be for his own personal use. It would be as protected as written documentation.

Also, the above could be bad practice if these recordings happen to leak in anyway (which they did in the Cohen case) as you lose the attorney-client privilege as called out.

If you lose the attorney-client privilege, as an attorney it could be related to your negligence which would allow your client to file a complaint against you with Tennessee Professional Board of Responsibility for Negligence/Malpractice if these recordings end up in court.
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I’m not misreading it or taking anything out of context. And I’m not defending unethical behavior (🙄).

A brief explainer:
Attorney-client privilege applies to conversations between the attorney and the client. Therefore, in a single consent state (like Tennessee) the attorney, as a party to all privileged conversations, can consent to the recording and also create the recording without violating that statute.

It seems that the question of whether the action would violate other professional obligations is situation dependent.
 
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#17,406
#17,406
RockyTop85 said:
I’m not misreading it or taking anything out of context. And I’m not defending unethical behavior (🙄).

A brief explainer:
Attorney-client privilege applies to conversations between the attorney and the client. Therefore, in a single consent state (like Tennessee) the attorney, as a party to all privileged conversations, can consent to the recording and also create the recording without violating that statute.
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Agree. If there is consent. No issues (well the negligence part could play a factor if you create files and then they get leaked. Even with the leak, they would be protected if you properly handle them. My opinion, though, is to not make that hand grenade in the first place unless it is truly needed)
 
#17,409
#17,409
Cohen lawyer not testifies that Cohen admits Trump didn't do anything involving stormy...and that stormy said she you allege she slept with Trump..lol. What a joke of a case
 
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#17,411
#17,411
Jeff Clark
@JeffClarkUS
1h

Fake news.

Blanche is tearing up Cohen.

Big time.

One highlight from this afternoon — Blanche getting Cohen to admit he recorded President Trump his client on a phone call in violation of New York ethics rules.

Michael Cohen and ethics don’t belong in the same sentence. Unless there’s a negative in the sentence somewhere.
 
#17,416
#17,416
lawgator1 said:
It has always been the case that the Trump cult will pay no heed to a conviction, if such occurs, no matter what.
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It would be a fraudulent conviction based upon a fraudulent corrupt case. The only hope the left has in this corrupt case is a Trump hating jury that will ignore the facts and convict Trump anyway....like in the E Jean Carroll case.
 
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#17,419
#17,419
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#17,423
#17,423
Orangeburst said:
wont that pretty much end this?
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No. No one is disputing that a NDA isn't a legal contract....

The only two things that matter

1. Did Trump falsify records? Yes

2. Did he do it with the intent to cover up another crime? The answer still appears to be no...

Cohen pretty much made the defense case today when he said in 2011 that he tried to hide Stormy story on a blog to prevent damage to Trump's family and to the brand....
 
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