Subject: Re: On July 1 We Lost the Republic
I think you're confusing the question of whether something is admissible with whether it is discoverable. Just because the conversation might be an official act which is immune from prosecution doesn't mean that investigators can't talk to the people involved.
That's the information I needed. Thank you.
Let me see if I understand, using your next paragraph.
If the President is speaking with his counsel, they can tell prosecutors to pound sand if they ask for the notes - because that information is privileged from discovery and investigation.
Right. Client-attorney privilege.
But the fact that the conversation might be immune wouldn't allow them to shield the notes.
So if Trump and Pence were talking, investigators could subpoena the notes and force their production. Upon examining the notes, the investigators might find evidence of a conspiracy, but because it's just talk about a potential crime and nothing more those notes would not be admissible. The most the investigators could do is use that information to look for other evidence that IS admissible. Is that right?
--Peter