(thread) Ahead of Michael Cohen’s Monday court appearance I read the court docs. I was about to predict that Cohen will lose—the only question is whether he’ll get in trouble with the court—when an interesting development occurred.
Trump intervened in the case 😲
#MichaelCohen
Trump intervened in the case 😲
#MichaelCohen
1/The issue to be discussed at the hearing is how to handle the materials seized from Cohen’s home & office.
Cohen says he has a sensitive law practice with multiple clients including a VIP (Trump). Therefore much of the seized material falls under attorney client privilege.
Cohen says he has a sensitive law practice with multiple clients including a VIP (Trump). Therefore much of the seized material falls under attorney client privilege.
2/Usually a “taint team” screens the seized material & gives the prosecutor what's not privileged.
Cohen requests that HIS lawyers screen the material & decide what's not privileged (he suggests his lawyers will work under court supervision.)
This is an outrageous request.
Cohen requests that HIS lawyers screen the material & decide what's not privileged (he suggests his lawyers will work under court supervision.)
This is an outrageous request.
3/ The prosecutor says the taint team is sufficient because the crimes they’re investigating have nothing to do with a law practice. They have to do with Cohen’s personal business. Moreover, the attorney client privilege doesn’t cover criminal behavior (the crime-fraud exception)
4/ Moreover—here’s the kicker—the prosecution suspects Cohen has only ONE client and the work he does is mostly NOT legal work (so no privilege).
How do they know? because they’ve already obtained warrants for his email accounts and "reviewed" the email.
How do they know? because they’ve already obtained warrants for his email accounts and "reviewed" the email.
5/ On Friday, the judge (evidently annoyed) ordered Cohen Monday morning to provide a list of all his clients and the work he does for them.
Just as I was wondering what Cohen would do about the requested list (would he lie? would he admit he lied in the brief)
Just as I was wondering what Cohen would do about the requested list (would he lie? would he admit he lied in the brief)
6/ Trump, through his lawyers, filed a letter with the court requesting that HE should look at all the seized material and decide what's privileged & what to give the prosecutors.
documentcloud.org/documents/4438…
The letter cites no legal authority to support this audacious request.
documentcloud.org/documents/4438…
The letter cites no legal authority to support this audacious request.
7/ Instead, he basically says if the prosecution (government) reviews the material, "the appearance of fairness and justice is compromised."
My head is spinning at the sheer audacity.
Trump is in a panic. My thread from earlier today offers reasons why:
My head is spinning at the sheer audacity.
Trump is in a panic. My thread from earlier today offers reasons why:
8/ Adding: It was reported last week that part of Trump’s panic was nobody knew all of what was taken in the search.
Trump asking for first crack at deciding what is privileged means he gets to see everything seized. His proposal, like Cohens acknowledges that the court has...
Trump asking for first crack at deciding what is privileged means he gets to see everything seized. His proposal, like Cohens acknowledges that the court has...
9/ ...final say over what the prosecution sees. But still.
Here are the other docs: lawfareblog.com/documents-mich… … … …
I'll admit that where there are discrepancies between Cohen & the prosecution, I assume the prosecution is telling the truth.
Here are the other docs: lawfareblog.com/documents-mich… … … …
I'll admit that where there are discrepancies between Cohen & the prosecution, I assume the prosecution is telling the truth.
10/ Monday morning update: Cohen names 3 clients: Trump, Elliot Broidy, and a third he won’t name, saying that the client doesn’t want to be named, and naming him would violate the client’s attorney client privilege.
documentcloud.org/documents/4438…
documentcloud.org/documents/4438…
Don't forget Elliot Broidy is one of the guys Cohen negotiated an NDA for. He wanted an affair with a playboy model hushed. cbsnews.com/news/elliott-b…
@devdotcom, if you want to know why Cohen's clients don't want to be named, see my thread here:
@devdotcom, if you want to know why Cohen's clients don't want to be named, see my thread here:
Just when I thought I couldn't be shocked—Cohen's mystery client is Sean Hannity. (At first I thought it was a joke). @KlasfeldReports is live tweeting the arguments from the courthouse.
So Hannity needs a fixer 🤣 The big picture is coming into view . . .
So Hannity needs a fixer 🤣 The big picture is coming into view . . .
The hearing is over. No final ruling yet, but a few things are clear.
No, Cohen and Trump will not get to see the seized material to decide (or help decide) what is privileged.
The court MAY appoint a lawyer (“special master”) to oversee the prosecutors to make sure. . .
No, Cohen and Trump will not get to see the seized material to decide (or help decide) what is privileged.
The court MAY appoint a lawyer (“special master”) to oversee the prosecutors to make sure. . .
. . .everything is fair. Which doesn’t help Trump or Cohen in the least. It's sort of a nice way to say no.
courthousenews.com/trump-team-dem…
This isn't the first time Cohen filed court motions that hurt more than helped.
courthousenews.com/trump-team-dem…
This isn't the first time Cohen filed court motions that hurt more than helped.
