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In the Courts
Manafort Case Ruling Raises Limitations to Attorney-Client and Work Product Privileges
A Halloween ruling by U.S. District Judge Beryl Howell in the District for the District of Columbia (D.D.C.) granted Special Counsel Robert Mueller and his team permission to question a lawyer who had previously advised President Donald Trump's former campaign manager Paul Manafort, along with his business partner Richard Gates, regarding the pair's lobbying activities for the Ukrainian government. This rare ruling provides insight into the narrow scope that the attorney-client privilege and attorney work product privilege are afforded in criminal investigations.
The Special Counsel's team reportedly sought to ask Manafort's prior counsel, which press reports indicate is Melissa Laurenza of Akin Gump Hauer & Feld, eight questions. Judge Howell allowed seven of those questions to be asked, despite the defendants' claims that the questions concerned communications covered by the attorney-client and work product privileges. The focus of the questions sought by Mueller's team concerned two letters the attorney had sent on behalf of Manafort and Gates to the U.S. Department of Justice (DOJ) in November 2016 and February 2017 regarding the Foreign Agents Registration Act (FARA).
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