Those who still do not know history …

Having been a teen asking for a motorbike when she really wanted to go to a concert, I understand the negotiating tactic where one asks for something outright silly with the intent of giving oneself “negotiating room” (i.e. if you ask for what you want, compromise means not getting what you want). Joanna Hendon requests that the president review documents seized from Cohen’s office and hand over anything he considers unprivileged.

First of all, a guy who thinks a conversation having a lawyer involved instantaneously creates a privilege situation is obviously unqualified to evaluate the privileged nature of documents. Also, way to make the ostensible President of the country seem like he’s got heaps-o time on his hands that can be spent in, say, depositions.

But beyond that, didn’t Nixon talk A.G. Elliot Richardson into something similar. Nixon would summarize the tapes and have Sen Stennis (not exactly an unbiased third party) listen to the tapes and verify nothing of substance had been omitted. Cox didn’t agree, and I’m sure Judge Wood will similarly find the proposal outlandish. A third party review, or a third party in conjunction with the taint team, is possible. It’s called answering a subpoena if you review documents and hand over what you think matches the request and isn’t privileged.

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