GENERAL FLYNN RETWEETED THAT BRIAN CATES ASKED :
"Here’s a question nobody’s asking, and they really should:
Is it a federal felony to falsely assert a/c privilege in an attempt to hide documents from a grand jury? Documents that directly pertain to a criminal joint venture currently under investigation by federal prosecutors?"
May 2, 2022 (Telegram/ Cates)
Another case involved documents describing conversations between White House Counsel and the First Lady (In re: Grand Jury Subpoena Duces Tecum, 112 F.3d 910 (8th Cir. 1997), cert. denied 117 S.Ct. 2482). The Court of Appeals for the Eighth Circuit ruled that the attorney-client privilege cannot be asserted to block access to communications sought by a federal grand jury. According to the court, an overriding public interest in prosecuting criminal conduct and the strong interest in exposing wrongdoing by public officials required disclosure.
The Starr investigation has resulted in two federal court of appeals decisions that the attorney-client privilege does not protect communications to a government lawyer about possible criminal conduct from disclosure to a grand jury. These decisions have no impact on Connecticut law. They address a complex area of the law because they involve one branch of the government demanding information from another branch.
"The attorney-client privilege may not be asserted to avoid responding to a grand jury about information of possible criminal violations."
Also
https://caselaw.findlaw.com/us-1st-circuit/1105789.html
In the October 2004 memorandum, the district judge explained his reasons for concluding that the crime-fraud exception applied.
https://www.cga.ct.gov/PS98/rpt/olr/htm/98-R-1388.htm