Nothing good ever happens after the FBI raids your lawyer’s office

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.

F.B.I. Raids Office of Trump’s Longtime Lawyer Michael Cohen ~ Matt Apuzzo

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: Continue reading “Nothing good ever happens after the FBI raids your lawyer’s office”

Catching up on the ironing – Operation Wrinkled Robe and the Impeachment of Judge Thomas Porteous

The “good news” is Sop “saved the day” – actually, he “saved” and published my “Say not” post after my computer locked yesterday.  The “bad news” is that my post was missing a link – literally and figuratively!

“Missing links”  appear to be the hallmark of the impeachable conduct of Judge Thomas Porteous –  many, no doubt,  hidden beneath the wrinkles in his robe .

In the interest of “catching up on the ironing”, I’ll first set up the board; i.e., a chronology of events relative to the impeachment charges against Porteous:

He was a judge on the 24th Judicial District Court of Louisiana from 1984 to 1994…nominated by President Bill Clinton to a seat on the United States District Court for the Eastern District of Louisiana… and confirmed by the United States Senate on October 7, 1994… In 2001, Porteous filed for bankruptcy, which led to revelations in the press about his private life, specifically the fact that he was alleged to have had close ties with local bail bond magnate Louis Marcotte III, at the center of a corruption probe, which has more recently led to his being the subject of investigation himself by federal investigators. In May 2006, Porteous, beset by the recent loss of his home due to Hurricane Katrina in August 2005 and the death of his wife a few months later, and still under investigation by a federal grand jury, was granted temporary medical leave and began a year-long furlough from the federal bench.

“On June 18, 2008 the Judicial Conference of the United States transmitted a certificate[8] to the Speaker of the U.S. House of Representatives expressing the Conference’s determination that consideration of impeachment of Porteous might be warranted” and, on March 11, 2010, the House passed a four-article Resolution of Impeachment.

The outrage over Porteous’ current effort to “game the system”, defeat the impeachment charges and return to the bench is due in part to his past success in “gaming the system” as stated in Continue reading “Catching up on the ironing – Operation Wrinkled Robe and the Impeachment of Judge Thomas Porteous”