"The problem here is, once a defendant signs up to cooperate with the government, there is no more common interest. It's shattered," she said of Manafort's joint defense agreement with Trump.
November 29, 2018

Now Donald "where's my Roy Cohn?" Trump is yelling about "McCarthyism" and witch hunts. Ha, ha! Introspection is not his strong suit.

Now watch former U.S. prosecutor Joyce Vance, like the law professor she is, lay out the case for Trump and witness tampering.

Willie Geist talks about Trump floating the idea of a pardon for Paul Manafort. "That has to be music for Manafort, who is now without his cooperation deal."

Vance says every prosecutor's "spidey senses" come into focus "because it sounds like the president is dangling a pardon to Paul Manafort, and at this point in time where Manafort is signed up on team USA, that's really pretty close to witness tampering."

She said the comment isn't enough by itself -- prosecutors would have to look at an entire course of conduct. "It would be hard to get all of that alone across the finish line," she said. "But increasingly, the president's course of conduct makes clear that the same man who wanted Jim Comey to go easy on Michael Flynn to short-circuit this investigation at the outset is still willing to do whatever he can to try to keep Mueller from telling the American people what the truth is here."

Vance also explains about the joint defense agreement with Manafort.

"What you are referencing is this notion of the joint defense agreement that existed here, apparently between the president and at least 32 other people who were under investigation and joint defense agreements are for people who believe that they will be indicted in the same indictment," she said. "And it's predicated upon this notion that in our system, we have the attorney/client privilege, which permits clients to talk freely with their attorneys. If I committed a crime, I can talk freely with my attorney without fear that will be exposed at some point in time. Joint defense agreements extend that privilege to a group with common interest.

"The problem here is, once a defendant signs up to cooperate with the government, there is no more common interest. It's shattered. We saw that when Mike Flynn's lawyers gave the president notice they were withdrawing from the joint agreement, I think that was our first inkling one existed at all. They withdrew when Flynn became a cooperator. Now we have Paul Manafort, who apparently was cooperating with the government and the joint defense agreement. You can't do both of those things and at least theoretically, I think more than theoretically, practically, it's possible, none of those conversations that happened after Manafort signed his plea deal are covered by the attorney/client privilege and the White House as well as Manafort and any others that were talking."

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