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[Michael Cohen thread] SDNY cases against Cohen, Stormy Daniels case, bribes through Cohen

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    Desktop HippieDesktop Hippie Registered User regular
    zepherin wrote: »
    It’s insane on Twitter. Like Alex Jones is running the show.

    Calling Mueller a liberal plant and he’s part of the Clinton cover up. It’s just bizzaroland.

    I’ve considered posting in the Conspiracies thread about it, because there seems to be some sort of schism going on with the Q followers where most are convinced this is still Trump playing 4d chess / Mueller is secretly investigating Clinton really and a smaller number breaking off because they now think Mueller and Sessions are deep state plants. But honesty there’s just so much crazy it’s very hard to keep track and I’m not sure I want to.

    Anyway, I’ve been reading up on Geoffrey Berman, the New York Attorney General who sought the warrant. He’s not just Republican, he seems to be a Trump supporter - or was until very recently. He even donated to Trump’s campaign. A hefty sum.

    Not only that, he used to be Rudolph Guiliani’s law partner.

    Which begs the question; what the hell did he find that made him seek a no-knock warrant on Trump’s lawyer?!

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    ViskodViskod Registered User regular
    Evidence referred to them by Mueller.

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    CouscousCouscous Registered User regular
    edited April 2018



    Is Fox talking about how this is a violation of attorney-client privilege and ignoring the exceptions to the rule?

    Couscous on
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    MarathonMarathon Registered User regular
    Laura Ingraham was making this incorrect argument last night. Maybe Trump is watching TiVo this morning.

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    Zilla360Zilla360 21st Century. |She/Her| Trans* Woman In Aviators Firing A Bazooka. ⚛️Registered User regular
    Does anyone have a bullet-point list of all the scandals surrounding Trump since he was elected? I've lost track. :rotate:

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    zepherinzepherin Russian warship, go fuck yourself Registered User regular
    Also attorney-client privilege is a procedural rule, it's not in the constitution, all this hand waiving about the deep state shredding the constitution with this violation. I am just sad about the state of our education.

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    BogartBogart Streetwise Hercules Registered User, Moderator mod
    Zilla360 wrote: »
    Does anyone have a bullet-point list of all the scandals surrounding Trump since he was elected? I've lost track. :rotate:

    Just in case anyone is tempted to provide one, this isn't a general Trump did something awful thread.

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    Harry DresdenHarry Dresden Registered User regular
    zepherin wrote: »
    Also attorney-client privilege is a procedural rule, it's not in the constitution, all this hand waiving about the deep state shredding the constitution with this violation. I am just sad about the state of our education.

    As well as the fact that it's not immune to being broken under the right circumstances, like lawyers breaking the law.

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    Doctor DetroitDoctor Detroit Registered User regular
    I figured attorney-client privelige broke when Junior claimed it for conversations where no attorney was present and got away with it (so far).

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    HakkekageHakkekage Space Whore Academy summa cum laudeRegistered User regular
    edited April 2018
    Just because an attorney’s hands have been on a document does not make it automatically privileged. There is for sure stuff they seized that is evidence of Cohen’s independent and potentially criminal behavior unrelated to his representation of his clients.

    Hakkekage on
    3DS: 2165 - 6538 - 3417
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    AstaerethAstaereth In the belly of the beastRegistered User regular
    It’s not hard to protect your attorney client privilege

    Don’t commit crimes with your attorney

    Don’t hire an attorney who will commit crimes with you

    Don’t commit a bunch of crimes and then become the most scrutinized person on earth and then commit a bunch more crimes

    ACsTqqK.jpg
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    zepherinzepherin Russian warship, go fuck yourself Registered User regular
    edited April 2018
    Astaereth wrote: »
    It’s not hard to protect your attorney client privilege

    Don’t commit crimes with your attorney

    Don’t hire an attorney who will commit crimes with you

    Don’t commit a bunch of crimes and then become the most scrutinized person on earth and then commit a bunch more crimes
    This falls under the lesson don't break the law while you are breaking the law.

    zepherin on
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    monikermoniker Registered User regular
    zepherin wrote: »
    Also attorney-client privilege is a procedural rule, it's not in the constitution, all this hand waiving about the deep state shredding the constitution with this violation. I am just sad about the state of our education.

    As well as the fact that it's not immune to being broken under the right circumstances, like lawyers breaking the law.

    And it takes a lot to convince a judge that it is worth risking. Even just for random lawyer dude, let alone the President's personal lawyer.

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    HevachHevach Registered User regular
    Also, the FBI has a separate team isolated from the investigation who will go over everything and ensure that the investigators don't get any privileged information. Privilege isn't dead, it's being carefully protected in a situation where both the client and the attorney are under investigation for both related and unrelated crimes.

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    TheBlackWindTheBlackWind Registered User regular
    Couscous wrote: »



    Is Fox talking about how this is a violation of attorney-client privilege and ignoring the exceptions to the rule?

    Brian Kilmeade on Fox and Friends at 6:02 this morning:

    The raid of Cohen's office was "to get to the documents that many people thought violated attorney-client privilege"

    Which doesn't even make sense, but what can you expect?

    PAD ID - 328,762,218
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    XaquinXaquin Right behind you!Registered User regular
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    FencingsaxFencingsax It is difficult to get a man to understand, when his salary depends upon his not understanding GNU Terry PratchettRegistered User regular
    To be fair, par for the course for Mr. Kilmeade

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    jungleroomxjungleroomx It's never too many graves, it's always not enough shovels Registered User regular
    Xaquin wrote: »
    many people!

    some say!

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    NyysjanNyysjan FinlandRegistered User regular
    Xaquin wrote: »
    many people!

    some say!

    The Best People!

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    RMS OceanicRMS Oceanic Registered User regular
    Nyysjan wrote: »
    Xaquin wrote: »
    many people!

    some say!

    The Best People!

    Concordetly,

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    ViskodViskod Registered User regular
    The fact that those two short tweets are all he has to say on the matter and he's not running his mouth off about it tells you that he thinks this has put him in serious trouble.

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    ButtersButters A glass of some milks Registered User regular
    Attorney-Client Privilege isn't dead it's entirely irrelevant in this case. This isn't about the FBI investigating communications between Cohen and his client(s). The FBI is investigating Cohen for committing crimes himself which he and his attorney essentially admitted to doing so because they're the worst fucking attorneys.

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    KalTorakKalTorak One way or another, they all end up in the Undercity.Registered User regular
    at this point it seems like Cohen's morning alarm is just a looping sound clip of

    9b5462c6-12a8-4175-a355-5ff4b2a2f653.png

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    zepherinzepherin Russian warship, go fuck yourself Registered User regular
    There is some dark glee being had by Ted Cruz supporters. Like even more so than with us.

    Politics makes for some strange bed fellows.

    It could be that they'd love nothing better than a Mike Pence presidency.

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    MarathonMarathon Registered User regular
    zepherin wrote: »
    There is some dark glee being had by Ted Cruz supporters. Like even more so than with us.

    Politics makes for some strange bed fellows.

    It could be that they'd love nothing better than a Mike Pence presidency.

    Why you gotta try to ruin this for me.

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    KalTorakKalTorak One way or another, they all end up in the Undercity.Registered User regular
    One unmitigated asshole at a time.

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    SpawnbrokerSpawnbroker Registered User regular
    I guess Trump is starting to realize that there's a reason the Office of Government Ethics exists, and it's not to make the President's life inconvenient.

    Steam: Spawnbroker
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    MorganVMorganV Registered User regular
    moniker wrote: »
    zepherin wrote: »
    Also attorney-client privilege is a procedural rule, it's not in the constitution, all this hand waiving about the deep state shredding the constitution with this violation. I am just sad about the state of our education.

    As well as the fact that it's not immune to being broken under the right circumstances, like lawyers breaking the law.

    And it takes a lot to convince a judge that it is worth risking. Even just for random lawyer dude, let alone the President's personal lawyer.
    And this isn't some "obviously compromised partisan leftist" judge. As others have said, it's a Trump supporter who is (at least prior to this) Trump’s nominee for the seat.

    That's not to day this guy is compromised (obviously not, given the decision to approve the warrants), but you don't get a more favorable set of factors for a case than this. And the judge HAD to know this could severely impact his career.

    And yet he saw the evidence and heard the testimony of the FBI, and granted the warrant anyway.

    Wonder if he's going to be a pariah with conservative media now, for apparently following the rule of law. It's sad that THAT is a failure point for Republicans now.

    These f'n guys.

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    ArbitraryDescriptorArbitraryDescriptor changed Registered User regular
    Cross replying here:
    Popehat/Ken White has a similar write up in the NYT that he had on his site but this is new I believe:
    But consider this: The Stormy Daniels payout may be outside the scope of the Russia investigation, but it’s possible that Mr. Cohen’s records are full of materials that are squarely within that scope. And the law is clear: If investigators executing a lawful warrant seize evidence of additional crimes, they may use that evidence. Thus Mr. Trump and Mr. Cohen, with their catastrophically clumsy handling of the Daniels affair, may have handed Mr. Mueller devastating evidence.

    So that's an idea there, huh?

    https://www.nytimes.com/2018/04/10/opinion/trump-michael-cohen-fbi-raid.html?rref=collection/sectioncollection/opinion&action=click&contentCollection=opinion&region=rank&module=package&version=highlights&contentPlacement=1&pgtype=sectionfront

    If they find documents not turned over in a civil suit, would that be a criminal violation or a civil one, and would evidence of civil wrongdoing fall under the same rules?


    Ex: If they find evidence that Trump reimbursed him for the Stormy thing, then there's no FEC violation, but they did find documents related to civil malfeasance (breach of contracts, etc), would they be obliged to do something with it?

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    DarkPrimusDarkPrimus Registered User regular
    Cross replying here:
    Popehat/Ken White has a similar write up in the NYT that he had on his site but this is new I believe:
    But consider this: The Stormy Daniels payout may be outside the scope of the Russia investigation, but it’s possible that Mr. Cohen’s records are full of materials that are squarely within that scope. And the law is clear: If investigators executing a lawful warrant seize evidence of additional crimes, they may use that evidence. Thus Mr. Trump and Mr. Cohen, with their catastrophically clumsy handling of the Daniels affair, may have handed Mr. Mueller devastating evidence.

    So that's an idea there, huh?

    https://www.nytimes.com/2018/04/10/opinion/trump-michael-cohen-fbi-raid.html?rref=collection/sectioncollection/opinion&action=click&contentCollection=opinion&region=rank&module=package&version=highlights&contentPlacement=1&pgtype=sectionfront

    If they find documents not turned over in a civil suit, would that be a criminal violation or a civil one, and would evidence of civil wrongdoing fall under the same rules?


    Ex: If they find evidence that Trump reimbursed him for the Stormy thing, then there's no FEC violation, but they did find documents related to civil malfeasance (breach of contracts, etc), would they be obliged to do something with it?

    Generally speaking, if you uncover evidence of a crime while trying to find evidence of a different crime, you still get to pursue the newly-discovered crime.

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    CouscousCouscous Registered User regular
    https://www.nytimes.com/2018/04/10/us/politics/trump-russia-mueller-rosenstein.html
    Rod Rosenstein Personally Approved F.B.I. Raid on Trump Lawyer, Officials Say
    Mr. Trump’s advisers have spent the last 24 hours trying to convince the president not to make an impulsive decision that could put the president in more legal jeopardy and ignite a controversy that could consume his presidency, several people close to Mr. Trump said.
    While Mr. Rosenstein must sign off on all moves that Mr. Mueller makes, that is not necessarily the case for searches — like this one — that are carried out by other federal law enforcement offices. Justice Department regulations require prosecutors to consult with senior criminal prosecutors in Washington — but not necessarily the deputy attorney general — before conducting a search of a lawyer’s files.

    The involvement of Mr. Rosenstein and top prosecutors in New York in the raid of Mr. Cohen’s office makes it harder for Mr. Trump to argue that his legal problems are the result of a witch hunt led by Mr. Mueller. In addition to Mr. Rosenstein, all of the top law enforcement officials involved in the raid are Republicans: Mr. Mueller, Christopher A. Wray, the F.B.I. Director, and Geoffrey Berman, the interim United States attorney in New York.

    While Mr. Trump is focused for the moment on Mr. Rosenstein, many of the president’s advisers and allies are fearful that the president also intends to fire Mr. Mueller in an attempt to end the Russia investigation. Asked by reporters on Monday night whether he intends to do so, Mr. Trump said, “We’ll see what happens.”
    It is cute that the NYT thinks facts matter to Trump.

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    DevoutlyApatheticDevoutlyApathetic Registered User regular
    Well that's new. We already knew that the USA for Southern NY would have had to approve this but that he kicked it upstairs to Rosenstein is new (and totally makes sense.) Also note, that the USA in question was appointed by Trump, after he fired Preet Bharara after publicly stating he wouldn't.

    Nod. Get treat. PSN: Quippish
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    KetBraKetBra Dressed Ridiculously Registered User regular
    I find it curious that the New York Times article brings up all of the DoJ people being Republicans, as if that matters. Mueller is a Republican. Party affiliation doesn't really matter, only willingness to look the other way for the boss

    KGMvDLc.jpg?1
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    ViskodViskod Registered User regular
    Poor Trump, no one tells him ahead of time that they're going to recuse their self.

    Jon Karl reports for ABC


    SCOOP: ABC News has learned Geoffrey Berman, the U.S. Attorney for the Southern District of New York, is recused from the Michael Cohen investigation. He had no role in raid of Cohen's office. Another recusal that will make @realDonaldTrump unhappy.

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    KetBraKetBra Dressed Ridiculously Registered User regular
    Is there a reason why Berman is recused from the investigation?

    KGMvDLc.jpg?1
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    FencingsaxFencingsax It is difficult to get a man to understand, when his salary depends upon his not understanding GNU Terry PratchettRegistered User regular
    KetBra wrote: »
    I find it curious that the New York Times article brings up all of the DoJ people being Republicans, as if that matters. Mueller is a Republican. Party affiliation doesn't really matter, only willingness to look the other way for the boss

    Because Trump, Fox et al is going to call them Democrats, and that is actual journalistic due diligence

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    SicariiSicarii The Roose is Loose Registered User regular
    Viskod wrote: »
    Poor Trump, no one tells him ahead of time that they're going to recuse their self.

    Jon Karl reports for ABC


    SCOOP: ABC News has learned Geoffrey Berman, the U.S. Attorney for the Southern District of New York, is recused from the Michael Cohen investigation. He had no role in raid of Cohen's office. Another recusal that will make @realDonaldTrump unhappy.

    So Berman didn't approve the warrant then?

    gotsig.jpg
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    DevoutlyApatheticDevoutlyApathetic Registered User regular
    edited April 2018
    KetBra wrote: »
    Is there a reason why Berman is recused from the investigation?

    Pretty sure he was appointed directly by Trump.
    KetBra wrote: »
    I find it curious that the New York Times article brings up all of the DoJ people being Republicans, as if that matters. Mueller is a Republican. Party affiliation doesn't really matter, only willingness to look the other way for the boss

    Well if we define Republican by the qualities shared by the elected representatives than looking the other way for Trump is like a central party platform plank.

    DevoutlyApathetic on
    Nod. Get treat. PSN: Quippish
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    HenroidHenroid Mexican kicked from Immigration Thread Centrism is Racism :3Registered User regular
    Viskod wrote: »
    Poor Trump, no one tells him ahead of time that they're going to recuse their self.

    Jon Karl reports for ABC

    SCOOP: ABC News has learned Geoffrey Berman, the U.S. Attorney for the Southern District of New York, is recused from the Michael Cohen investigation. He had no role in raid of Cohen's office. Another recusal that will make @realDonaldTrump unhappy.
    Can we get some info here on who this person is and why they've recused themselves?

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    DevoutlyApatheticDevoutlyApathetic Registered User regular
    Henroid wrote: »
    Viskod wrote: »
    Poor Trump, no one tells him ahead of time that they're going to recuse their self.

    Jon Karl reports for ABC

    SCOOP: ABC News has learned Geoffrey Berman, the U.S. Attorney for the Southern District of New York, is recused from the Michael Cohen investigation. He had no role in raid of Cohen's office. Another recusal that will make @realDonaldTrump unhappy.
    Can we get some info here on who this person is and why they've recused themselves?

    Here's what google says searching for his name:

    "Geoffrey Steven Berman is an American lawyer currently serving as the Interim United States Attorney for the Southern District of New York. President Donald Trump reportedly intends to nominate him to permanently serve in the position."

    That's a pretty clear conflict.

    Nod. Get treat. PSN: Quippish
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