Judge David Carter’s decision on the January 6 committee’s efforts to subpoena John Eastman’s communications is attracting a lot of buzz for accepting the committee’s arguments about the crime-fraud exception to the attorney-client and work-product privileges; more on that later. We should not, however, pass over some of the alarming arguments made by the committee, which troubled Judge Carter in their sweeping implications. Law professors who counsel clients and make court appearances should pay particular note.
Eastman was, Judge Carter found, acting as an attorney for Trump and his campaign when he communicated with Trump and with representatives of the campaign.
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