CNN’s “go-to” legal analyst Jeffery Toobin was on Anderson Cooper tonight to talk about the fact that Don Jr. and Ivanka refused to cooperate with a New York state A.G. subpoena (for a civil case) and instead filed a motion to quash.

It is highly likely that the Motion to Quash is motivated by Ivanka and Junior’s fear of saying, “Upon the advice of counsel, I invoke my 5th Amendment right to not answer that question.” But, perhaps, Toobin is overlooking that very problem, we’ll get there.

Anderson Cooper asked Toobin:

Jeff, do you think the Trumps are going to succeed in squashing these subpoenas?”

Toobin had no problem answering, but that may have been an issue:

“No, I don’t. I think it’s worth focusing on just sort of the big picture here, which is this isn’t a prosecution. This is simply an attempt to take depositions, get information. And judges, basically, don’t like it when witnesses try not to answer questions.

“There are certain, well-established privileges,” added Toobin. “You know, attorney-client privilege, spousal privilege, privilege against self-incrimination. There is no such thing as a father-son or parent-child privilege. So, you know, there is no basis that I can see that will allow the — Don Jr. and Ivanka to avoid testifying and I think a judge is going to say, no, you have to answer the question.”

Of course, there is no “father-son” privilege. We haven’t seen the motion to quash, or what it’s based on, but we seriously doubt that the Trump attorneys are claiming some kind of privilege here.

The attorney on this staff (me) is not as good as Toobin, not even close. But I suspect that the motion to quash is related to the criminal matter in Manhattan. After all, the A.G. admitted the two offices are working together. Is the New York A.G. using its civil suit to ask questions that pertain to the criminal investigation? Almost surely. Is that allowed? Maybe. Maybe not.

There is no question that if the two offices were not working together and not sharing information, there would be no basis to quash the subpoena. But given that the New York Times reported a year ago that the two offices have cooperated, and James admitted it…

James, a Democrat, said her office is also continuing its ongoing civil investigation into the Republican ex-president and his company, the Trump Organization.

“Two of our assistant attorney generals have been cross-designated as district attorneys,” James said at a news conference on an unrelated topic.

All I know is that if I was their attorney, I would base the motion on: “Your office has two people working on the prosecution, by your own admission. My clients cannot be made to testify in a criminal investigation and you’ve already admitted your office is involved in a criminal matter. For all intents and purposes, this is a request to subpoena two people under criminal investigation in the guise of a civil suit.”

And if I were a judge, I would find that a powerful argument. We are not sure if Toobin considered that argument, nor have we seen the motion to quash, but will follow up on the matter.

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