WILL CHAMBERLAIN: How the FBI trampled attorney-client privilege to hunt Trump allies

FBI Director Kash Patel reveals that Jack Smith and Biden Justice Department allegedly subpoenaed toll records of Susie Wiles and conducted surveillance.

Will Chamberlain serves as senior counsel for the Article III Project.

The lawyer who colluded with the FBI to record his client should be disbarred. Rule 1.6 of the Rules of Professional Conduct in every jurisdiction imposes strict limitations on disclosure of confidential information by attorneys, such as instances where a client is threatening to commit a serious crime. That obviously wouldn’t apply here. Further, Rule 1.7 delineates strict guardrails to safeguard clients from conflicted lawyers. A lawyer cannot represent both sides. That would be antithetical to the adversarial process.

For some reason, Wiles’ lawyer agreed to let the FBI wiretap the call. A lawyer working with the FBI against their client’s interests would be a clear-cut violation of this rule. And that’s not the end of potential ethical violations: Rule 1.4 requires attorneys to communicate pertinent information to their clients (which clearly didn’t happen here), and Rule 8.4(c) prohibits behavior involving dishonesty and misrepresentation by omission. It’s hard to think of a more glaring omission than not telling your client that the FBI is listening to what you think is a privileged conversation.