All the way under the bus

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As crooks often do, one of Trump’s lawyers has turned on the others. The Independent reported that Christina Bobb, the attorney who signed the false paperwork claiming that Trump turned over all classified documents, is now cooperating with the DOJ. Funny how that always seems to happen. The crooks are okay until one feels he or she is going to get burned, and under the bus go the rest. Apparently, Bobb has already thrown Boris Epshteyn and Evan Corcoran under. Who will be next? Salon went into a bit more detail about what’s going on with Bobb.

Bobb was apparently Trump’s “custodian of records,” so she knew or should have known that Trump still held classified documents in his possession. Yet, she signed a sworn statement to the government that all classified documents had been returned. According to NBC News, Bobb told the DOJ that she signed the statement but did not write it. That honor, according to Bobb, belonged to Corcoran, who then had her sign it. She apparently threw Epshteyn only partially underneath the bus by telling investigators that he had “minimal involvement” in discussions about records. She reportedly did not speak under immunity because she asked for a disclaimer in the certification, indicating that her certification was based on “information that had been provided” to her as opposed to based on her personal knowledge. This document is very similar to declarations used by attorneys when their clients respond to discovery requests. The clients must affirm that the information they provided is “true” to the “best of their information, knowledge, and belief,” leaving them a bit of “wiggle room” should some of the information turn out to be partially or fully untrue. In other words, they can then say, “well, that’s what I thought.”

While that language is appropriate for a layperson who may not understand everything going on in a civil or criminal case, it is not appropriate for an attorney who was part of a team. She should have made it her business to know there were no classified documents remaining prior to signing the certification. Now, she looks like a liar who is trying to save her skin by giving the DOJ “bigger fish to fry.” It’s certainly not a bad move on her part; however, it is rather disingenuous. In the end, Corcoran and/or Epshteyn agreed to the disclaimer according to sources, and the sources further claim that Bobb had to “ask for it twice” before she would sign the certification. She was wise to do so; she has an out-at least it seems.

Former U.S. Attorney Joyce White Vance does not believe the disclaimer will spare Bobb. According to Vance, “legal doctrines like willful blindness and other conduct [are] at issue.” Vance makes a point. For Bobb to even ask for a disclaimer shows that she knew something wasn’t right. Why not just refuse to sign without seeing for herself whether Trump had classified documents? After all, she was supposed to be the records custodian, which means she, above anyone else, should have known what documents were in Trump’s possession.

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