The husband of White House adviser Kellyanne Conway, George Conway, has shot out a Twitter post Tuesday morning, in an attempt to prove President Trump wrong on his statement about attorney-client privilege.
George Conway, an attorney and frequent critic of President Trump, responded to President Trump’s tweet Tuesday morning, in which he said, “Attorney-client privilege is dead!”
Trump was referring to the sudden FBI raid of the office of his longtime personal attorney, Michael Cohen, at the direction of special counsel Robert Mueller.
Conway tweeted back with a link to the U.S. Attorney’s manual on the Justice Department website, titled “Searches of Premises of Subject Attorneys.”
The section Conway referred Trump to includes the following:
There are occasions when effective law enforcement may require the issuance of a search warrant for the premises of an attorney who is a subject of an investigation, and who also is or may be engaged in the practice of law on behalf of clients. Because of the potential effects of this type of search on legitimate attorney-client relationships and because of the possibility that, during such a search, the government may encounter material protected by a legitimate claim of privilege, it is important that close control be exercised over this type of search. Therefore, the following guidelines should be followed with respect to such searches:
- Alternatives to Search Warrants. In order to avoid impinging on valid attorney-client relationships, prosecutors are expected to take the least intrusive approach consistent with vigorous and effective law enforcement when evidence is sought from an attorney actively engaged in the practice of law. Consideration should be given to obtaining information from other sources or through the use of a subpoena, unless such efforts could compromise the criminal investigation or prosecution, or could result in the obstruction or destruction of evidence, or would otherwise be ineffective.
NOTE: Prior approval must be obtained from the Assistant Attorney General for the Criminal Division to issue a subpoena to an attorney relating to the representation of a client. See USAM 9-13.410.
- Authorization by United States Attorney or Assistant Attorney General. No application for such a search warrant may be made to a court without the express approval of the United States Attorney or pertinent Assistant Attorney General. Ordinarily, authorization of an application for such a search warrant is appropriate when there is a strong need for the information or material and less intrusive means have been considered and rejected.
Attorney–client privilege is dead!
— Donald J. Trump (@realDonaldTrump) April 10, 2018
— George Conway (@gtconway3d) April 10, 2018