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The Crime-Fraud Exception

Advisory Opinions

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Is Donald Trump in Conversation With the Oath Keepers?

David Gergen: I don't see that meeting the elements of this crime. If trump is receiving a legal argument that the electoral count act is unconstitutionaland and vice president pence has a constitutional authority to delay or overturn an election, i don't understand how it could obstruct. But also, you have to meet a it has to be corruptly. Because president trump likely knew that the plan to disrupt the electoral count was wrongful. His mind set exceeds the threshold for acting corruptly. President trump and doctor eastman justified the plan with allegations of election fraud, but president trump probably knew the justification was baseless.

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