Donald Trump attorney caught hiding evidence of Trump’s guilt in a safe

| 5:00 pm EDT September 18, 2017
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Thanks to one of Donald Trump’s Russia lawyers having a very loud mouth and using it indiscriminately in a public setting, we now know that one of Trump’s other Russia lawyers is hiding incriminating evidence in a safe. Because these attorneys technically work for the government and not for Trump himself, this could shift the entire trajectory of the investigation into Trump’s Russia scandal.

The story began when Trump’s Russia attorney Ty Cobb admitted during a lunch meeting that White House Counsel Don McGahn has documents related to the Russia scandal “locked in a safe.” A reporter from the New York Times was at the restaurant and overheard Cobb (link). There would be no reason for McGahn to do this unless the documents were evidence of Trump’s guilt. This has the potential to change everything. First, it’s made Special Counsel Robert Mueller and Congressional investigators aware that McGahn is sitting on incriminating evidence. Second, it may legally open the door for Mueller and the FBI to forcibly retrieve it.

McGahn, as White House Counsel, does not represent Trump and therefore does not share the usual attorney-client privilege with him. Cobb is essentially representing Trump, but because Trump tried to save a buck by technically hiring him as a White House lawyer, their attorney-client privilege is in question as well. This means Mueller can go before a judge and argue that the documents must be turned over. Cobb and McGahn could both be compelled to testify about what the documents say. A warrant could be issued for the FBI to raid McGahn’s safe.

Moreover, if McGahn moves or destroys the incriminating documents now that Cobb has told the entire world about them, based on the fear that Mueller may be able to legally gain access to them, it’s possible McGahn could be on the hook for obstruction of justice. At the least, Mueller now knows there’s a smoking gun in McGahn’s possession – and attorney client privilege here is questionable at best.