Monday, November 23, 2020

How much trouble is Sidney Powell really in?

While most folks are having a good chuckle over ex-Trump mouthpiece and loonbat conspiracy theorist Sidney Powell getting the boot for being too much of a whack job even for Rudy Giuliani, it seems Powell might now be in more than a wee bit of trouble, and here's why. According to Powell's own published statement:

"I agree with the campaign's statement that I am not part of the campaign's legal team. I never signed a retainer agreement or sent the President or the campaign a bill for my expenses or fees."

Um, OK, let's go with that and see where it takes us (and, fair warning, I am not a lawyer so some of this will be speculation).

It's fine if Powell now wants to claim that she's just been helping out on the side, unofficially and all that, but that raises the question -- if she was never officially retained, does solicitor-client privilege still apply? As in, if no one representing Trump or the Trump campaign ever actually hired her, can she claim privilege for any of the conversations she had with any of them? And why would that matter? I'm glad you asked.

If someone wanted to start disbarment proceedings against Powell (and, frankly, no one deserves it more), one would think that it would be delightful to find out that she was legally forced to disclose any and all conversations she had with any of the Trump team. Without solicitor-client privilege, Powell should have no expectation that any of those conversations would be protected, and if one learned that Powell said, in a moment of ostensibly private candor, something like, "Yeah, I know this case is complete rubbish and baseless, but let's do it just to clog the courts and waste time," you know, I'm betting that would go a long way to getting to disbarment.

And if that's not enough, if Powell is now claiming that she was never an official member of the Trump contingent, then there better not be any court filings with her signature on them as if she was. I'm pretty sure courts take a dim view of anyone signing official motions or affidavits, only to later claim, "Oh, I was just a friend helping out." Once again, hello, disbarment.

Powell might be trying to minimize her current embarrassment by insisting she was just being a buddy and helping out on the side all this time, but it seems that taking that stance puts her in a very awkward position, does it not?

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