President Donald Trump’s personal lawyer, John Dowd, told CNN that he wrote a tweet for the president’s Twitter account stating former White House national security adviser Michael Flynn was fired not just for lying to the vice president, but also for lying to the FBI – the crime Mr. Flynn has since admitted he committed. That tweet was a new revelation and something that could be legally problematic. It implied the president knew Mr. Flynn had committed a crime before the time when then-FBI director James Comey said the president asked him to go easy on Mr. Flynn. Houston lawyer and former federal prosecutor Philip Hilder of Hilder & Associates, P.C., said there is nothing wrong with a lawyer vetting or writing a statement or tweet for a client, but it can lead to problems if the lawyer discusses his advice in public.
Once the client puts out that statement as his own, the client owns it. In fact, the White House and the Justice Department have both said President Trump’s tweets are official statements, Mr. Hilder said. The problem here is this tweet could become evidence in special counsel Robert Mueller’s investigation. It at least raises the question of obstruction of justice in a request that the FBI go easy on Flynn. And if lawyer Dowd is subpoenaed, he may have waived attorney-client privilege by talking about this publicly. That puts Dowd and his client on a dangerous and slippery slope, Mr. Hilder said.
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