Earlier this month, it was reported that Special Counsel Robert Mueller had enough evidence to indict President Trump’s former National Security Adviser and retired Lieutenant General Michael Flynn. Many were expecting indictments to be handed down, but now it seems possible that Flynn may be cooperating with Mueller and his investigation in order to prevent his indictment.
The indication of Flynn’s possible cooperation came when he withdrew from a joint defense agreement with President Donald Trump in which attorneys agree to share information. The withdrawal indicates that Flynn’s attorneys will no longer share information with Trump or his attorneys in any criminal case or investigation.
(Daily Beast) – The report by the New York Times that Michael Flynn has withdrawn from a joint defense agreement with President Donald Trump might indicate that he is cooperating with Special Counsel Robert S. Mueller III. If so, this could be a significant turning point in the investigation.
First, what is a joint defense agreement? A joint defense agreement is a pact among attorneys for multiple targets or subjects in a criminal case in which they agree to share information. The agreement may be written or unwritten. Any joint defense agreement will be defined by its explicit terms, but generally, under such an agreement, attorneys have a duty to keep the confidences of all of the clients covered by the agreement. The attorneys also have a duty to avoid conflicts of interest as to any of the clients. The attorneys can compare notes, allocate work efficiently by dividing tasks and avoiding duplication, and develop a unified strategy.
The main advantage of joint defense agreements is that the information that they share is protected by a form of the attorney-client privilege, known by some courts as a joint interest privilege. These agreements can help targets or subjects sidestep the so-called “prisoner’s dilemma,” in which they must decide in a vacuum whether to help each other by remaining silent or betray each other by cooperating with authorities…
Some are suggesting that the break in the joint defense agreement could mean that Mueller is still determined to find a reason to charge President Donald Trump with obstruction of justice. Whether or not that’s the case cannot be confirmed but it does have many speculating that this is the reason for the separation.