​Prosecutors Rule The World - Michael Cohen & Attorney-Client Priviledge

Is Andrew McCarthy - a former long-time prosecutor with the Southern District of New York (SDNY) who has been writing incisive and exhaustive reports on the Mueller probe in various articles for National Review - a dangerous man? Is Andrew Weissmann, one of Mueller’s attack dogs and apparently a formidable prosecutor, dangerous? Is Mueller? Comey? Kenneth Starr? Patrick Fitzgerald? Is prosecutor-forced plea bargaining a perversion of the original intention of the Founders when it came to America’s justice system?

Or are they all merely hard-driving prosecutors who get (or got) the job done?

Here's McCarthy writing in National Review and explaining the process when the Feds break client-attorney privilege as they recently did with President Trump's lawyer, Michael Cohen, regarding his role in L'Affaire Stormy. These procedures they follow apparently ensure that the victim ... sorry, I meant the subject; sorry that would be the witness; sorry we mean the target, maintains his or her rights to counsel:

Whenever a law office is searched, the Justice Department imposes safeguards to protect the attorney-client privilege. The search is conducted, and the materials seized are reviewed, by a "clean team" of prosecutors and agents who are knowledgeable about the investigation but are not working on it. The clean team determines what files are relevant to the matter under investigation, with any irrelevant files returned to the attorney. With respect to any files the clean team deems relevant, the attorney and any affected clients are given an opportunity to claim that the files contain privileged communications and should be returned. Where the parties cannot agree, such privilege claims are decided by a judge.

After this process has run its course, any documents that have been found relevant and unprivileged are provided to the prosecutors and agents handling the investigation. This way, the right to counsel is vindicated and the clean team ensures that the investigation team is not tainted by exposure to privileged communications. As I can attest, SDNY prosecutors and judges are adept at conducting this process with minimal intrusion on the attorney-client privilege.

Then McCarthy adds the punchline:

That will not comfort the president much, and it probably shouldn't.
He goes on to explain exceptions to the protection of client-attorney privilege where the case involves the lawyer and his or her client engaged in a fraudulent scheme. That would explain why a judge would have signed off on the order for FBI agents to invade the president's lawyer, Michael Cohen's office, and take away files and computers and whatever else the order allowed them to. That judge had to have agreed with the prosecutors at SDNY that the attorney-client privilege had been invalidated. But hey, any "irrelevant" files will be returned to the attorney, as McCarthy informs us.

This is what McCarthy appears to be suggesting: that Trump actually did know about the hush money that his lawyer paid to Stormy Daniels. So McCarthy suggests Trump should play the contrition card and admit he did know of the payments, thereby admitting that he and Cohen engaged in what may very well have been campaign finance violations. Hell, Obama's DOJ forgave Obama's campaign team for campaign finance violations in the millions and millions of dollars. What's 130 grand?

What it is of course, is a way to get Trump onto the impeachment track. There is even a crazed narrative now being constructed about the philandering blusterman who probably has lied to the public ... about his net worth. Yes, that's one emerging narrative. Trump may not have colluded with Putin but Michael Cohen has documents and tax forms proving that the president is not nearly as rich as he claims. And that means we should impeach him. Read the gleefully poisonous Rick Wilson in The Daily Beast (adult-language warning) to get a taste of that.

Never mind Russia probes! We can get him on campaign finance violations! Yes, Mueller's team have a legal duty to hand over any incriminating evidence to SDNY, but couldn't they have issued a subpoena?

No apparently they couldn't. Deputy AG Rosenstein has been giving Mueller ample space in which to roam to hunt down any possible crime that may have been committed by anyone related in any way to their probes. It appears that the Southern District of New York's prosecutors may have finally - after almost two years of investigations by Comey and then by Mueller - found a possible crime related to the president: campaign finance violations. One that Obama's campaign team committed and which was rectified with a fine. But that won't do for President Trump. This may very well be the excuse Democrats, and Republicans like Rick Wilson, have been desperately looking for.

When prosecutors are given latitude, resources, and a broad mandate, they will find a crime. It's almost axiomatic. So, to end with the initial question: is this a dangerous thing? Beyond whatever might be your view of Trump, it seems it is. And even Andrew McCarthy seems all too comfortable with the frightening power his former colleagues exercise over the lives of both powerful politicians and everyday citizens to suggest that his former profession can be an unnecessarily destructive one for those caught in its sights. Even a president.

Posted by Keeley at April 11, 2018 7:49 PM
Comments
Comment #426160

Good article Keeley. No one should be surprised at the lawlessness, corruption, and shameful actions being taken today in the name of justice. It will end, as the country will, with a whimper and whine.

Posted by: Royal Flush at April 11, 2018 7:58 PM
Comment #426161

I believe, that with midterm elections, there will soon be enough populist/independent GOPer’s in congress/senate to begin to turn the tide on the numbnuts.

By rolling over Sessions and putting in a special prosecutor the numbnuts have emasculated the Trump movement.

It will have to end at some point - the Pres has the Supreme Court if need be. It may be the beginning of his 2nd term before real action against the numbnuts can really take hold.

Posted by: Roy Ellis at April 11, 2018 8:27 PM
Comment #426178

Michael Cohen’s problems are in NY and are being handled there. He’s been involved in various scams other than those involved with the traitorous dumptyfire presidency.

“Cohen knows everything: the money, the scams, the women, the Russians. All of it. And in the days since the raid, Cohen has abandoned the truculent public persona that had served him so well in the past in favor of being someone who seems grateful that he wasn’t hauled off to Pelican Bay on the spot.”

https://www.esquire.com/news-politics/politics/a19746530/trump-russia-aides-deserting/

Posted by: ohrealy at April 12, 2018 10:34 AM
Comment #426188

The subpeona included a request for all Cohen’s communications with David Pecker(AMI/National Enquirer/Globe, etc.) another Dumpty loyalist, and his lawyer.

Posted by: ohrealy at April 12, 2018 4:48 PM
Comment #426194

The real question is if Cohen also believes in the chupacabra, Bigfoot, UFOs, aliens and ghosts.

Posted by: kctim at April 12, 2018 5:47 PM
Comment #426195

What will be great fun and an irrefutable fact showing Liberal brain dysentery, will be their favorable comments of the criminal Comey after his interview with the “dunce of Clinton”.

Until his firing by President Trump, this maggot Comey was hated by the Left nearly as much as Trump. Some even believed that Comey’s actions led to Hillary’s ignominious defeat.

Now, with a new book to pander, and his TV love-fest with the Clinton Dunce, Comey will be restored, by the Left, as a great American and lover of truth and justice.

Place a large letter “D” on the back of the devil and don’t misunderstand its meaning.

Posted by: Royal Flush at April 12, 2018 6:01 PM
Comment #426198

Attorney-Client Privilege does not allow a lawyer to commit crimes for a client and then claim it.

The bar for investigating whether a lawyer and his client broke the law is very high, and so it should be, especially when the case involves the President.

In this case, Mueller- a Republican- found evidence of criminality that did not fall within the confines of the Russia investigation. Mueller referred it to Deputy AG Rosenstein- also a Republican and a Trump appointee- and Rosenstein sent it to the NY Southern District D.A.- another Republican and Trump appointee. The D.A. presented the evidence to a judge, who found probably cause that a crime had been committed. The judge issued a warrant allowing the FBI, led by a Republican Trump appointee, to raid Cohen’s home, hotel room, and office. The raid was necessary because the D.A. convinced the judge Cohen might destroy the evidence.

When Trump claimed Attorney-Client Privilege was dead, he lied. It does not entitle attorneys and their clients to use it to hide crimes. Trump also lied when he claimed this was being done by Democrats and Obama loyalists. These were Republicans, and most of them were Trump appointees.

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Posted by: Love solution at April 16, 2018 4:33 AM
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By rolling over Sessions and putting in a special prosecutor the numb nuts have emasculated the Trump movement.Nice article…


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