And folks trust me on this because I once worked a criminal defense matter where the accused lawyer was raided along with the accused and they had the ‘privilege’ of answering major criminal charges together.
The F.B.I. on Monday raided the office of President Trump’s longtime personal lawyer, Michael D. Cohen, seizing records related to several topics including payments to a pornographic-film actress.
Federal prosecutors in Manhattan obtained the search warrant after receiving a referral from the special counsel, Robert S. Mueller III….
Speaking of privilege, how does this impact the Attorney-Client variety? Apuzzo ends his story with this:
The seized records include communications between Mr. Trump and Mr. Cohen, which would likely require a special team of agents to review because conversations between lawyers and clients are protected from scrutiny in most instances.
The taint team sounds good but under these circumstances my experience is Attorney Client privilege may well be moot in this situation depending on the circumstances:
The crime-fraud exception cannot be used to pierce the attorney work-product privilege without the required showing that the work product was actually used in furtherance of the purported crime or fraud. The U.S. Court of Appeals for the Third Circuit clarified that, without more, even compelling evidence of a crime or fraud is insufficient to invoke the exception.
And that Stormy Daniels mess that Trump now finds himself? Beyond being a heathen that grabs the pussies of ladies he finds attractive, there is a problem with being a serial liar and Trump is certainly that, always concocting a story to fit the moment. Harry Litman, former US Attorney explains:
[Stormy Daniels] legal position, in brief, is that the agreement was never formed because the parties never actually came to an agreement. It’s an unusual argument that would normally seem to be a dead loser because few lawyers fail to stitch up the basic requirements of a fairly simple contract such as this one. But it turns out that Mr. Trump and his lawyer Michael Cohen — who himself now has to have a lawyer to represent him in the matter — have blundered their way into giving the argument a strong prospect.
First, Mr. Cohen insisted, through his own lawyer, that the president was never aware of the agreement and that Mr. Cohen acted wholly on his own. Then, speaking briefly to reporters on Air Force One last Thursday, Mr. Trump, echoing Mr. Cohen, said that he knew nothing about the arrangement. In saying so, he walked directly into the buzz saw of the legal position of Ms. Daniels and her attorney, Michael Avenatti.
The hush agreement identified Mr. Trump as a party and required him to do a number of things. But since he insists he didn’t know about the agreement, there’s no way he could have entered into it. Moreover, Mr. Trump’s avowed cluelessness implies that Mr. Cohen induced Ms. Daniels to sign the agreement through fraud — a lie about Mr. Trump’s performance of reciprocal obligations. Both of these circumstances invalidate the hush agreement’s very formation under basic contract law principles.
In a motion filed on Sunday in federal court in California, Mr. Avenatti seized on Mr. Trump’s asserted ignorance to bolster the argument that the agreement was never formed: “If Mr. Trump was completely unaware of Mr. Cohen’s actions, the question naturally arises as to how it would be possible for a ‘meeting of the minds’ to have occurred between parties where one of the parties does not even know about the existence of the agreement.”
Tom Callaghan, maintains Trump’s approval ratings would have to dip into the 20s before Congress seriously entertains impeachment proceedings but that assumes the GOP controls Congress, something that will no longer be the case after early November. The folks at the Madison Journal can start hyperventilating now but here at Slabbed we’re going to pop some popcorn and watch the Trump clown show disintegrate under the weight of all of his lies, self dealing and deceit.
Stay tuned as the POTUS twitter account is sure to go into overdrive as Trump buckles under the pressure.