Politics FBI raids office of Trump attorney

Discussion in 'Blazers OT Forum' started by SlyPokerDog, Apr 9, 2018.

  1. THE HCP

    THE HCP NorthEastPortland'sFinest

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    I don’t think it’s “idiotic”. Way back I asked if since the guys who voted for him and support him, does he speak for you? Does he represent you? Do you agree with his message he is sending out? And some on here said yes. What a better way to see if you truly are on the same page is to ask if you would want him to speak at your funeral. Be your voice on your last day. I would love to have Obama speak at my funeral. So well spoken. I would trust him to speak to my family and friends.

    Don’t know why that simple question would come across as “idiotic”?
     
  2. Stevenson

    Stevenson Old School

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    That only means there is no privilege only with regard to that document. It otherwise still applies. So the warrant must have been broader and alleged more. Cohen did many things for Trump, aside from his Inspector Clouseau bumbling of the NDA issue.
     
  3. dviss1

    dviss1 Emcee Referee

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    It most certainly does not.

    The FBI just proved Donald Trump wrong on attorney-client privilege

    On Tuesday morning, President Donald Trump tweeted this: "Attorney--client privilege is dead!"

    That tweet was a direct reaction to the fact that the FBI raided the office and hotel room of Trump personal attorney Michael Cohen on Monday, seizing scores of documents including some privileged communications between Cohen and his clients.
    Trump is oversimplifying here in service of his own agenda. He views special counsel Robert Mueller's probe, which produced the referral that led to the FBI raid, as a "TOTAL WITCH HUNT" (his words) aimed at discrediting his presidency. The idea that the feds busted into Cohen's office and home and took a bunch of privileged documents is, in Trump's mind, yet more evidence of the massive overreach at work here.
    Before we go forward, let's take a step back. Privileged communication in the context of the law goes something like this: An attorney and his or her client can't be forced to disclose those communications where the client is seeking or receiving legal advice from the attorney. They are "privileged" or protected so that a client is free to be totally honest with his legal representatives -- without fear of exposure.

    But, there is a limitation to the attorney-client privilege -- exceptions that Trump doesn't seem to understand. And the specific limit here is something called the crime-fraud exception.
    That exception does what its name suggests. If communications typically covered by attorney-client privilege are deemed to be "in furtherance of a current or a planned crime or fraud" then the privilege does not apply. In other words, if attorney-client privilege is being invoked to cover up an ongoing criminal act or a planned criminal act, that privilege is suspended over those communications. (For much more on the history of the crime fraud exception, check out David J. Fried's article in the North Carolina Law Review.)
    According to John Moye, an Atlanta-based litigator at Kilpatrick Townsend, the bar for invoking the crime fraud exception to the attorney-client privilege is a high one.
    "The fact that the judge issued a search warrant of the office and home of Trump's personal attorney suggests that a judge likely concluded either that the privilege was being used in furtherance of a criminal act or that the privilege was being used to perpetuate a fraud," Moye explained. "Otherwise, judges and courts guard the sanctity of attorney-client privilege like you can't imagine. By issuing the warrant, the court apparently concluded that the crime-fraud exception may apply, such that the privilege can be set aside."
    (Disclosure: Moye and I went to college together.)
    But just because the attorney-client communications were sucked up in the search warrant doesn't mean that the privilege is dead. There's a whole processing mechanism with a third-party Justice Department review team that would go on after the execution of the warrant.
    Take all of that out of legal terminology and you get this: Cohen is in very deep trouble.
    Josh Campbell, a former FBI special agent and now a CNN contributor, tweeted this on Monday night from one of his former colleagues: "I've been an FBI special agent for 20 years and have only seen a handful of searches executed on attorneys. All of those attorneys went to prison."
    Now for some context.
    We know that Cohen set up a limited liability corporation -- "Essential Consultants" -- in Delaware three weeks before the 2016 election. Ten days after he established the company -- and 11 days before the election -- Cohen paid porn star Stormy Daniels $130,000 through Essential Consultants as part of a hush agreement to ensure her silence about an alleged affair between she and Trump in the mid 2000s.
    Cohen has said he made the payment from his own pocket, taking out a home equity line of credit to do so. He said he had no contact with Trump or anyone else in the Trump orbit and had no expectation he would be paid back in any way, shape or form for the six-figure pay out. Cohen has also insisted he didn't believe Daniels allegations, that he made the payment to her solely out of a desire to protect Trump from the airing of these scurrilous allegations. The timing of the payout -- so close to the 2016 election -- was purely coincidental, Cohen has said.
    Here's an important note: If Cohen didn't tell Trump about the hush agreement -- as the two of them have claimed -- then the communications between them about it may not be privileged.
    We also know that in the raid on Cohen on Monday, the FBI seized documents related to the Daniels case. (She has filed suit, alleging that the hush agreement is unenforceable because Trump never signed it.)
    Tweeted Daniels lawyer Michael Avenatti on Tuesday morning: "I use the attorney-client privilege. I know the attorney-client privilege. The attorney-client privilege is a friend of mine. And the attorney-client privilege is not dead. What is dead is using the privilege to hide illegal acts. And that has been dead for a long time."
     
  4. dviss1

    dviss1 Emcee Referee

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    That said^^^^^^

    Donald Trump is a piece of shit.
     
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  5. bodyman5000 and 1

    bodyman5000 and 1 Lions, Tigers, Me, Bears

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    It is ridiculously stupid to equate people having had to choose between Hillary and Trump with loving the guy and wanting him to speak at their funeral.

    It is the type of thing a fifth grader would come up with to make an argument.

    Would I let him babysit my kids or take my wife to a movie type of stuff you like to bring up. I wouldn't let you or Obama or Trump or Bill Schonley babysit any small children of mine. And I LOVE the Schonz.

    I can't think of any politicians I'd actively want to speak at my funeral.

    I have a weird sense of humor and I'd love it if that psychopath Ted Nugent spoke at my funeral. I don't even really like his music save for Stranglehold but my funeral would be epic. Crazy but epic.
     
  6. theprunetang

    theprunetang Shaedon "Deadly Nightshade" Sharpe is HIM

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    Crazy but epic would be a good descriptor of Trump's presidency so far.
     
  7. bodyman5000 and 1

    bodyman5000 and 1 Lions, Tigers, Me, Bears

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    It has been insane.
     
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  8. barfo

    barfo triggered obsessive commie pinko Staff Member Global Moderator

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    “It’s like Forrest Gump won the presidency, but an evil, really fucking stupid Forrest Gump.”

    — An unnamed Republican congressman, who publicly supports President Trump, in an interview with conservative writer Erick Erickson.

    barfo
     
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  9. SlyPokerDog

    SlyPokerDog Woof! Staff Member Administrator

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    Trump’s allies worry that federal investigators may have seized recordings made by his attorney

    President Trump’s personal attorney Michael D. Cohen sometimes taped conversations with associates, according to three people familiar with his practice, and allies of the president are worried that the recordings were seized by federal investigators in a raid of Cohen’s office and residences this week.

    Cohen, who served for a decade as a lawyer at the Trump Organization and is a close confidant of Trump, was known to store the conversations using digital files and then replay them for colleagues, according to people who have interacted with him.

    “We heard he had some proclivity to make tapes,” said one Trump adviser, who spoke on the condition of anonymity because of the ongoing investigation. “Now we are wondering, who did he tape? Did he store those someplace where they were actually seized? . . . Did they find his recordings?”

    https://www.washingtonpost.com/poli...ory.html?noredirect=on&utm_term=.37c7e057aa45
     
  10. julius

    julius Global Moderator Staff Member Global Moderator

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    In other news, BENGHAZI! 33,000 EMAILS! PIZZA GATE! BILL CLINTON AND VINCE FOSTER!
     
  11. barfo

    barfo triggered obsessive commie pinko Staff Member Global Moderator

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    Lordy, I hope there are tapes.

    barfo
     
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  12. CupWizier

    CupWizier Well-Known Member

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    Trump has tapes of him and Comey having discussions.

    Oh wait, that turned out to be another lie by Trump. My bad.
     
  13. MarAzul

    MarAzul LongShip

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    :tongue:
     
  14. donkiez

    donkiez Well-Known Member

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    At this point I just consider it an intelligence test.
     
  15. SlyPokerDog

    SlyPokerDog Woof! Staff Member Administrator

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    Trump Called Michael Cohen as Their Lawyers Went to Court Over Seized Trump Documents

    President Trump phoned his longtime confidant, Michael D. Cohen, to “check in” on Friday as lawyers for the two men went to court to block the Justice Department from reading seized documents related to Mr. Cohen’s decade of work for Mr. Trump, according to two people familiar with the call.

    It is not clear what else they discussed in a call that came days after a series of F.B.I. raids. Depending on what was said, the call could be problematic for both men, as defense lawyers often advise their clients not to talk to each other during investigations. Mr. Trump and Mr. Cohen still were trying to determine what exactly was seized.

    The raids were even broader than have been previously reported. Prosecutors said the raids were part of a monthslong investigation into Mr. Cohen. In addition to searching Mr. Cohen’s office and hotel room, prosecutors also obtained warrants to seize material from his cellphones, tablet, laptop and a safe deposit box, according to people briefed on the warrants.

    “The searches are the result of a monthslong investigation into Cohen, and seek evidence of crimes, many of which have nothing to do with his work as an attorney, but rather relate to Cohen’s own business dealings,” federal prosecutors wrote in court papers filed on Friday.

    The court papers also disclosed that prosecutors — before the raids on Monday — had already obtained secret search warrants for several of Mr. Cohen’s email accounts as part of what they said was a grand jury investigation.


    The uncertainty around what was taken has heightened the unease around Mr. Trump, whose lawyers had projected confidence in their dealings with the special counsel, Robert S. Mueller III, but were caught flat-footed by the extraordinary raids on Mr. Cohen. The lawyers fear that Mr. Cohen will not be forthcoming about what was in his files, leaving them girding for the unknown.

    https://www.nytimes.com/2018/04/13/...attorney-set-for-friday-court-appearance.html
     
  16. SlyPokerDog

    SlyPokerDog Woof! Staff Member Administrator

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    Isolated and Unnerved, Trump Sees Inquiry Into His Lawyer as Greater Threat Than Mueller

    President Trump’s advisers have concluded that a wide-ranging corruption investigation in New York poses a greater and more imminent threat to the president than even the special counsel’s investigation, according to several people close to Mr. Trump.

    As his lawyers went to court on Friday to try to block prosecutors from reading files that were seized from his longtime personal lawyer and fixer this week, Mr. Trump found himself increasingly isolated in mounting a response. He continued to struggle to hire a new criminal lawyer, and some of his own aides were reluctant to advise him about a response for fear of being dragged into a criminal investigation themselves.

    The raids on Mr. Trump’s lawyer, Michael D. Cohen, came as part of a monthslong federal investigation based in New York, court records show, and were sweeping in their breadth. In addition to searching his home, office and hotel room, F.B.I. agents seized material from Mr. Cohen’s cellphones, tablet, laptop and safe deposit box, according to people briefed on the warrants. Prosecutors revealed in court documents that they had already secretly obtained many of Mr. Cohen’s emails.

    Mr. Trump called Mr. Cohen on Friday to “check in,” according to two people briefed on the call. Depending on what else was discussed, the call could be problematic, as lawyers typically advise their clients against discussing investigations.

    Mr. Cohen has publicly declared that he would defend the president to the end, but court documents show that prosecutors are building a significant case that could put pressure on him to cooperate and tell investigators what he knows.

    The documents seized by prosecutors could shed light on the president’s relationship with a lawyer who has helped navigate some of Mr. Trump’s thorniest personal and business dilemmas. Mr. Cohen served for more than a decade as a trusted fixer and, during the campaign, helped tamp down brewing scandals about women who claimed to have carried on affairs with Mr. Trump.

    Mr. Trump, Mr. Cohen and their teams were still scrambling on Friday to assess the damage from the raid early Monday morning. They remained unsure what had been taken, an uncertainty that has heightened the unease around Mr. Trump.

    Although his lawyers had projected confidence in their dealings with the special counsel, Robert S. Mueller III, they were caught flat-footed by the New York raids. The lawyers fear that Mr. Cohen will not be forthcoming with them about what was in his files, leaving them girding for the unknown.

    Mr. Cohen and Mr. Trump, through their lawyers, argued in federal court on Friday that many of the seized records were protected by attorney-client privilege. They asked for an order temporarily prohibiting prosecutors from reading the documents until the matter could be litigated. Mr. Cohen argued that he or an independent lawyer should be allowed to review the documents first.

    “Those searches have been executed, and the evidence is locked down,” Joanna C. Hendon, a lawyer for Mr. Trump, said in court. “I’m not trying to delay. I’m just trying to ensure that it’s done scrupulously.”

    Prosecutors argued that the previously seized emails revealed that Mr. Cohen was “performing little to no legal work, and that zero emails were exchanged with President Trump.” They said their investigation was focused on Mr. Cohen’s business dealings, not his work as a lawyer.

    But it is difficult to extract Mr. Cohen from his work for Mr. Trump. For more than a decade, Mr. Trump has unleashed Mr. Cohen on his foes — investigative journalists, business rivals and potential litigants. And the New York search warrant makes clear that the authorities are interested in his unofficial role in the campaign.

    Prosecutors demanded all communication with the campaign — and in particular two advisers, Corey Lewandowski and Hope Hicks, according to two people briefed on the warrants.

    Prosecutors also seized recordings of conversations that Mr. Cohen had secretly made, but he told people in recent days that he did not tape his conversations with Mr. Trump. Mr. Cohen frequently taped conservations with adversaries and opposing lawyers, according to the two people briefed.

    https://www.nytimes.com/2018/04/13/...column-region&region=top-news&WT.nav=top-news
     
  17. riverman

    riverman Writing Team

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    There comes a point in time when Trump has just pissed off enough of the wrong people that it becomes blatantly obvious that he's out of options...there are some very qualified and skilled people he's insulted or even fired..when it comes to networking...Trump is a bona fide rookie..it's not lookin' good for the guy, not that it ever did. Just took a year and change to fire up a cold war with Russia and hand China the global trading crown.
     
  18. Stevenson

    Stevenson Old School

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    Here's the deal: If the FBI raided Obama's attorney, would anyone be nervous that they would find illegal crap on Obama? Would Obama be worried that his lawyer might "flip"? Of course not. Ditto, btw, W. and his dad.

    That's all you really need to know about Trump.
     

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