Topic: Crime Fraud Exception

Napolitano discusses the "screaming indictment" against Donald Trump regarding the Mar-a-Lago documents. He explains how the "crime-fraud exception" allowed prosecutors to pierce attorney-client privilege, forcing Trump's own lawyers to testify against him. The judge highlights that the most damaging evidence involves Trump allegedly ordering the deletion of security camera footage and hiding boxes from the FBI.

The judge provides a history of the crime-fraud exception, noting it did not exist when he was in law school. He explains that if a client uses a lawyer's advice to commit a crime, the privilege is waived. In Trump's case, four federal judges ruled that his communications with his lawyers were not privileged because they were allegedly used to perpetrate a fraud on the grand jury.