A few days ago, I posted a blog that First Lady Melania Trump was in a meeting with President Trump and Vladimir Putin at the G20 Summit. There was an interpreter present for President Putin, but none on behalf of President Trump nor anyone taking notes on behalf of the United States.
As a result, I wrote that Melania could be subpoenaed, but now after my latest post, even more so.
There is a reason I always advise clients not to talk to anyone. Not their best friend, mother, spouse, no one.
For one, I never know who may be listening in on the conversation and two, I don’t know that person’s motives.
I also don’t know what further legal jeopardy my client may be put in nor the other party, so it’s just easier to tell clients to shut up.
I even go through the trouble of telling clients that I will follow them on social media and that I better not see any posts that could be used against them.
You have no idea how many times I have had to call a client and advise them to remove a post immediately. I also tell clients to make their profile private and to be careful who is accepted as a friend while their case remains pending.
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Federal prosecutors from the Manhattan office in New York have issued subpoenas for President Trump’s inauguration committee. Prosecutors are looking for campaign donation violations. But, how does Melania fit in all this?
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Previous reports were that Michael Cohen, President Trump’s former attorney, had a recording with Melania’s former adviser Stephanie Winston Wolkoff discussing campaign spending.
The House Intelligence Committee, Special Counsel Robert Mueller’s office, or in this case federal prosecutors in Manhattan, are well within their right to subpoena Wolkoff to ask about her conversations with Cohen.
Since Wolkoff was the former adviser for FLOTUS, Melania could also be subpoenaed to discuss what conversations, if any she had with Wolkoff and what knowledge she had about the campaign spending. And if Wolkoff says she spoke to Melania about the issue of spending, you are guaranteed that Melania would have to testify.
Now, by no stretch of the imagination is this normal, nothing is with this Presidency, but it possible legally.
In addition, unlike President Trump that is the head of the Executive Branch, the First Lady of the United States is considered a “ceremonial” position, a civilian. Melania does not have the backing of the Executive Branch or Executive privilege.
That doesn’t mean Melania will not have defenses if forced to testify, privileges such as the husband-wife spousal privilege, but if you eliminate the facts of who the involved parties are, for arguments sake say replace them with “regular people,” then you will see clearly that any investigation would likely result in those persons being subpoenaed, including First Lady Melania Trump.
Remember, prosecutors and investigators work their way from the bottom to the top, like an upside down funnel. They start by casting a wide net as they did with George Papadopoulos, and slowly but surely, the investigation becomes narrower and narrower, more focused until they reach the highest person on the ladder.
By President Trump’s actions, he has placed Melania in legal jeopardy and investigators and prosecutors always go after family members to apply pressure to those they are pursuing.
It is for this reason that in March of last year, I wrote that Vanessa Trump, Donald Trump, Jr.’s former wife, should seek a divorce to protect herself legally and financially.
READ MORE: Don Trump Jr. Getting Divorced
Prior Posts on First Lady Melania Trump
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Alexander Hernandez is a practicing attorney since 1999 who enjoys blogging about politics when he is not riding his motorcycles or playing golf. He is also an Amazon best selling author.