Former President Donald Trump claimed Sidney Powell was “never” his attorney in a social media post Sunday, three days after she pleaded guilty in the Georgia election subversion case.
Minor correction: Admitting you committed a crime in the past is protected. The attorney can still tiptoe around the fact that they know you committed it, by defending you on procedural or clerical grounds. For instance, they can attack the evidence that has been submitted against you, because it was mishandled, or because the equipment used to gather it hadn’t been calibrated recently enough, or for any number of reasons. Even if they know you committed the crime, they can still ensure that your court proceedings are fair.
Admitting that you plan on committing future crimes is not covered. The attorney can’t be party to future crimes, and admitting you plan on committing crimes makes them a co-conspirator if they don’t rat you out.
Minor correction: Admitting you committed a crime in the past is protected. The attorney can still tiptoe around the fact that they know you committed it, by defending you on procedural or clerical grounds. For instance, they can attack the evidence that has been submitted against you, because it was mishandled, or because the equipment used to gather it hadn’t been calibrated recently enough, or for any number of reasons. Even if they know you committed the crime, they can still ensure that your court proceedings are fair.
Admitting that you plan on committing future crimes is not covered. The attorney can’t be party to future crimes, and admitting you plan on committing crimes makes them a co-conspirator if they don’t rat you out.
But if the attorney is party to the crimes then the discussion is not privileged (to my understanding).