Elie Mystal at Above the Law (a legal industry gossip blog that is often a thorn in many a BigLaw firm side) has a succinct take on how Trump might have fucked himself over by interviewing Geoffrey Berman before appointing him to the US Attorney position in SDNY
But Berman likely didn’t recuse himself just because Trump appointed him as Bharara’s replacement. Berman likely felt the ethical squeeze because Trump took the extraordinary step of interviewing Berman personally for the job.
People don’t usually do that, you know, just in case the U.S. Attorney has to investigate the president or people close to him. A personal interview would make that investigation look… shady. Berman has been forced into this recusal by Trump’s own reckless behavior.
I don't know what's more surprising that Trump probably fucked himself with his hands on bullshit, or that someone he would appoint to a position had ethics?
I think it's more he has a vested interest in his own survival and continuing to not be disbarred. Whatever evidence prompted this raid was likely pretty nasty and Mueller knows about and so does Rosenstein and so you are looking at this situation thinking: https://www.youtube.com/watch?v=MpPvGlrqhdA
No reason to stick your neck out for this shit. What's the gain?
shryke on
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HakkekageSpace Whore Academysumma cum laudeRegistered Userregular
Elie Mystal at Above the Law (a legal industry gossip blog that is often a thorn in many a BigLaw firm side) has a succinct take on how Trump might have fucked himself over by interviewing Geoffrey Berman before appointing him to the US Attorney position in SDNY
But Berman likely didn’t recuse himself just because Trump appointed him as Bharara’s replacement. Berman likely felt the ethical squeeze because Trump took the extraordinary step of interviewing Berman personally for the job.
People don’t usually do that, you know, just in case the U.S. Attorney has to investigate the president or people close to him. A personal interview would make that investigation look… shady. Berman has been forced into this recusal by Trump’s own reckless behavior.
I don't know what's more surprising that Trump probably fucked himself with his hands on bullshit, or that someone he would appoint to a position had ethics?
Attorneys answer to a different authority for their ethical standards, namely, the bar. If lawyers weren't required to maintain ethical standards when practicing the law there would be no purpose in attorney-client privilege at all. It would just be a big gimme to blatant criminals.
Federal probe into Trump’s lawyer seeks records about two women who alleged affairs with the president
Federal prosecutors investigating President Trump’s personal attorney, Michael D. Cohen, are seeking records related to two women who received payments in 2016 after alleging affairs with Trump years ago — adult-film star Stormy Daniels and ex-Playboy model Karen McDougal, according to a person familiar with the matter.
The interest in both Daniels and McDougal indicates that federal investigators are trying to determine whether there was a broader pattern or strategy among Trump associates to buy the silence of women whose accounts could harm the president’s electoral chances and whether any crimes were committed in doing so, the person said.
So here's a new theory: A lot of people have been speculating that this is a move to get Cohen to turn on Trump. But what if it's actually the other way around?
Trump hires lawyers who act like gangsters. And gang leaders never like to get their hands dirty. That's why Trump is pretending that he had nothing to with Stormy Daniels, but Stormy Daniels isn't an anomaly. Assume that Cohen has done a bunch of shady shit that Trump technically never signed off on.
In that case, Trump has two choices:
1) He can either turn on Cohen by portraying Cohen as a rogue agent, basically setting him up as a fall guy. But this also means he can't hide behind attorney/client privilege.
2) He can claim attorney/client privilege, but only by admitting that Cohen was acting on his behalf. In which case, Trump goes down for any crimes that Cohen is being accused of.
That's the only move that makes any real sense, because it's one that plays on Trump's sense of victim hood and blame shifting. So you trap him in a corner where his only winning move is to declare himself a victim of Cohen's shenanigans, and play on his natural cowardice. But in the process, he loses his most loyal ally.
I'm not sure if this is true, but Law & Order taught me that attorney-client privilege is meant to protect the client, not the attorney. Meaning that Cohen wouldn't be allowed to turn on Trump, but Trump would still be allowed to turn on Cohen.
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jungleroomxIt's never too many graves, it's always not enough shovelsRegistered Userregular
So here's a new theory: A lot of people have been speculating that this is a move to get Cohen to turn on Trump. But what if it's actually the other way around?
Trump hires lawyers who act like gangsters. And gang leaders never like to get their hands dirty. That's why Trump is pretending that he had nothing to with Stormy Daniels, but Stormy Daniels isn't an anomaly. Assume that Cohen has done a bunch of shady shit that Trump technically never signed off on.
In that case, Trump has two choices:
1) He can either turn on Cohen by portraying Cohen as a rogue agent, basically setting him up as a fall guy. But this also means he can't hide behind attorney/client privilege.
2) He can claim attorney/client privilege, but only by admitting that Cohen was acting on his behalf. In which case, Trump goes down for any crimes that Cohen is being accused of.
That's the only move that makes any real sense, because it's one that plays on Trump's sense of victim hood and blame shifting. So you trap him in a corner where his only winning move is to declare himself a victim of Cohen's shenanigans, and play on his natural cowardice. But in the process, he loses his most loyal ally.
I'm not sure if this is true, but Law & Order taught me that attorney-client privilege is meant to protect the client, not the attorney. Meaning that Cohen wouldn't be allowed to turn on Trump, but Trump would still be allowed to turn on Cohen.
Could... could the President get RICO'd?
Not even Dick Wolf could have imagined this as being possible.
So here's a new theory: A lot of people have been speculating that this is a move to get Cohen to turn on Trump. But what if it's actually the other way around?
Trump hires lawyers who act like gangsters. And gang leaders never like to get their hands dirty. That's why Trump is pretending that he had nothing to with Stormy Daniels, but Stormy Daniels isn't an anomaly. Assume that Cohen has done a bunch of shady shit that Trump technically never signed off on.
In that case, Trump has two choices:
1) He can either turn on Cohen by portraying Cohen as a rogue agent, basically setting him up as a fall guy. But this also means he can't hide behind attorney/client privilege.
2) He can claim attorney/client privilege, but only by admitting that Cohen was acting on his behalf. In which case, Trump goes down for any crimes that Cohen is being accused of.
That's the only move that makes any real sense, because it's one that plays on Trump's sense of victim hood and blame shifting. So you trap him in a corner where his only winning move is to declare himself a victim of Cohen's shenanigans, and play on his natural cowardice. But in the process, he loses his most loyal ally.
I'm not sure if this is true, but Law & Order taught me that attorney-client privilege is meant to protect the client, not the attorney. Meaning that Cohen wouldn't be allowed to turn on Trump, but Trump would still be allowed to turn on Cohen.
attorney-client privilege is meant to protect the client, certainly. but there is a third option, where Trump claims atty/client privilege but feigns ignorance of anything Cohen supposedly did as a "rogue" agent. in theory Trump covers his ass still while Cohen becomes the fall guy.
of course the interesting thing here would be if Cohen dislikes the idea of going to jail for an asshole and fights any charges against him. he may (may being the operative term) be able to bring up limited info from his representation of Trump in order to defend himself (Cohen, not Trump). even if this breaks client confidentiality, it would be deemed justified because it is necessary to Cohen being able to defend himself in a trial.
of course the interesting thing here would be if Cohen dislikes the idea of going to jail for an asshole and fights any charges against him. he may (may being the operative term) be able to bring up limited info from his representation of Trump in order to defend himself (Cohen, not Trump). even if this breaks client confidentiality, it would be deemed justified because it is necessary to Cohen being able to defend himself in a trial.
I'm not sure if a lawyer breaking privilege would actually be admissible.
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AtomikaLive fast and get fucked or whateverRegistered Userregular
The normally loquacious and contentious Cohen spoke to CNN today and sounded very demure. He called the FBI agents "very professional and respectful" and said he thanked them on the way out.
This guy might be starting to realize how truly, completely, inside-outedly fucked he is.
The normally loquacious and contentious Cohen spoke to CNN today and sounded very demure. He called the FBI agents "very professional and respectful" and said he thanked them on the way out.
This guy might be starting to realize how truly, completely, inside-outedly fucked he is.
of course the interesting thing here would be if Cohen dislikes the idea of going to jail for an asshole and fights any charges against him. he may (may being the operative term) be able to bring up limited info from his representation of Trump in order to defend himself (Cohen, not Trump). even if this breaks client confidentiality, it would be deemed justified because it is necessary to Cohen being able to defend himself in a trial.
I'm not sure if a lawyer breaking privilege would actually be admissible.
The real question is why these people keep going on the cable talk show circuit, instead of just shutting up and laying low
Because Cable News is how you get to talk to Trump directly.
This is well documented and not a joke. If you want Trump to hear what you have to say - don't try and make time with him - try to get on Fox and Friends or Morning Joe.
SW-4158-3990-6116
Let's play Mario Kart or something...
Cohen has a lucrative side venture in the taxi business, teaming up separately with two Ukrainian-born New York City cab kingpins known for their run-ins with the law. His first partner, Simon Garber, has a long rap sheet that included charges for filing a false police report, trespassing and driving while intoxicated, according to the New York Observer. Garber’s company, Yellow Cab SLSJET Management Corp., was once fined $1.6 million by the New York state attorney general for illegally charging drivers “late fees.” Then there’s Evgeny “Gene” Freidman, also known as “The Taxi King,” who’s been accused of sexual harassment and owed some $13 million in taxes from his cab business, per the New York Daily News.
It’s unclear exactly how Cohen entered the taxi business and first linked up with Garber. But he’s told the Wall Street Journal that Garber was a legal client of his and that they were partners in the taxi business until the early 2000s, at which point he said he sold Garber his stake in their company, relinquishing control of the operations and fleet. After that Garber continued to manage some of the more than 15 taxi medallion companies owned by Cohen, which had playful names like Smoochie Cab Corp and Lady Laura Hacking Corp.
The arrangement devolved into a legal dispute in 2012 when Garber filed a claim with the American Arbitration Association, accusing Cohen, who’d cited neglected insurance payments from a number of accidents involving SLSJET drivers in abruptly cutting ties with the company, of breaching his contract. Cohen, along with his wife, Laura, and his mother-in-law, Ania Shusterman, went to New York State Supreme Court to try to stay the proceedings, saying the original contract they agreed to with Garber contained no arbitration agreement.
In the claim, Garber charged that Cohen “unilaterally” drafted a second contract that contained arbitration language. He further alleged that Cohen went to his home while he was “travelling on business” and “manipulated” Garber’s wife into signing that second contract. A judge ultimately ruled against the Cohens, and the claim went into private arbitration. It’s unclear how the dispute was resolved.
SPECULATION:
So if we're assuming the taxi medallion stuff is a criminal activity, then that seems most likely to be smuggling
Possibly drug and/or sex delivery service as well
There's enough inherent shadiness in the NYC cabbie/medallion business that there could be a sea of felonies that had nothing to do with what happened in the cars every night - anything from money laundering to counterfeiting medallions to simple extortion and fraud of the drivers.
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ElldrenIs a woman dammitceterum censeoRegistered Userregular
The normally loquacious and contentious Cohen spoke to CNN today and sounded very demure. He called the FBI agents "very professional and respectful" and said he thanked them on the way out.
This guy might be starting to realize how truly, completely, inside-outedly fucked he is.
Even a terrible lawyer would realize that by now
When you're the personal lawyer of the President of the United States, and the FBI still had enough to get a judge to sign off on a no-knock warrent, you know you have some rough days ahead of you.
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No-QuarterNothing To FearBut Fear ItselfRegistered Userregular
I'm still having trouble processing just how important and historic this all is.
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jungleroomxIt's never too many graves, it's always not enough shovelsRegistered Userregular
We don’t say this lightly. The ACLU is the nation’s premier defender of privacy, and we’ve long maintained that the right of every American to speak freely to his or her attorney is essential to the legal system. These rights are protected by the Fourth, Fifth, and Sixth Amendments, and we are second to none in defending them — often for people with whom we fundamentally disagree.
But we also believe in the rule of law as an essential foundation for civil liberties and civil rights. And perhaps the first principle of the rule of law is that no one – not even the president, let alone his lawyer – is above the law. And no one, not even the president, can exploit the attorney-client privilege to engage in crime or fraud.
The attorney-client privilege has always included a “crime-fraud exception,” which provides that if you are using the attorney-client relationship to perpetrate a crime, there is no privilege. You have a right to talk in confidence with your attorney about criminal activity, but you can’t use your attorney to accomplish a crime. A mobster suspected of engaging in bribery can consult his attorney about the facts of his alleged bribery without fear that the attorney will disclose those communications. But he has no right to have the lawyer deliver the bribe for him.
We don’t say this lightly. The ACLU is the nation’s premier defender of privacy, and we’ve long maintained that the right of every American to speak freely to his or her attorney is essential to the legal system. These rights are protected by the Fourth, Fifth, and Sixth Amendments, and we are second to none in defending them — often for people with whom we fundamentally disagree.
But we also believe in the rule of law as an essential foundation for civil liberties and civil rights. And perhaps the first principle of the rule of law is that no one – not even the president, let alone his lawyer – is above the law. And no one, not even the president, can exploit the attorney-client privilege to engage in crime or fraud.
The attorney-client privilege has always included a “crime-fraud exception,” which provides that if you are using the attorney-client relationship to perpetrate a crime, there is no privilege. You have a right to talk in confidence with your attorney about criminal activity, but you can’t use your attorney to accomplish a crime. A mobster suspected of engaging in bribery can consult his attorney about the facts of his alleged bribery without fear that the attorney will disclose those communications. But he has no right to have the lawyer deliver the bribe for him.
That's an interestingly specific example considering everything.
I can, but its unlikely. From all accounts guy sees himself as a shield for Trump. Like take a bullet shield.
So what are the chances Cohen walks out of this with his license intact? Not Jail time, but losing his right to practice law?
Cohen seems like the sort of person who would take a bullet for Trump, yes, because he seems like the sort of person delusional enough to believe that level of protectiveness is mutual.
However, I have to wonder if someone had a sitdown with him after the raid, with information on how disposable he is to Trump; and given Trumps inability to shut the fuck up for two god damn seconds, likely has Trump literally saying he will throw Cohen to the wolves.
And, if there is any dirt to be had via Cohen related to the RNC, he's also got to be aware not one person there is going to move an inch to cover his ass.
Cohen has everything to lose here by sticking to his guns. He'd have to be one hell of a True Believer™ to not fold.
I'm still having trouble processing just how important and historic this all is.
It sure would be easier to process if there wasn't that nagging feeling that with Bolton now here to give him a reacharound this fucking lunatic is going to start a major war to distract and compensate.
I'm still having trouble processing just how important and historic this all is.
It sure would be easier to process if there wasn't that nagging feeling that with Bolton now here to give him a reacharound this fucking lunatic is going to start a major war to distract and compensate.
I'm not sure the GOP would be willing to eat collective shit by allowing a new war just to provide cover for the sinking Trump ship.
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ElJeffeNot actually a mod.Roaming the streets, waving his gun around.Moderator, ClubPAmod
A reminder that Trump hypothetically starting wars as a distraction is not on-topic.
I submitted an entry to Lego Ideas, and if 10,000 people support me, it'll be turned into an actual Lego set!If you'd like to see and support my submission, follow this link.
We don’t say this lightly. The ACLU is the nation’s premier defender of privacy, and we’ve long maintained that the right of every American to speak freely to his or her attorney is essential to the legal system. These rights are protected by the Fourth, Fifth, and Sixth Amendments, and we are second to none in defending them — often for people with whom we fundamentally disagree.
But we also believe in the rule of law as an essential foundation for civil liberties and civil rights. And perhaps the first principle of the rule of law is that no one – not even the president, let alone his lawyer – is above the law. And no one, not even the president, can exploit the attorney-client privilege to engage in crime or fraud.
The attorney-client privilege has always included a “crime-fraud exception,” which provides that if you are using the attorney-client relationship to perpetrate a crime, there is no privilege. You have a right to talk in confidence with your attorney about criminal activity, but you can’t use your attorney to accomplish a crime. A mobster suspected of engaging in bribery can consult his attorney about the facts of his alleged bribery without fear that the attorney will disclose those communications. But he has no right to have the lawyer deliver the bribe for him.
When you get the ACLU to side with the goddamn FBI over the 4th and 5th Amendments you done fucked up.
As with so many things in this investigation, a lot of mistakes Re: criminal conspiracy could have been avoided by Trump et al. watching The Wire.
I know the joke that people like to make is on taking notes on a criminal fucking conspiracy, but the criminals’ lawyer being vulnerable to prosecution due to involvement in said conspiracy was a major plot point.
Trump and his people aren’t even good at being bad.
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mojojoeoA block off the park, living the dream.Registered Userregular
As with so many things in this investigation, a lot of mistakes Re: criminal conspiracy could have been avoided by Trump et al. watching The Wire.
I know the joke that people like to make is on taking notes on a criminal fucking conspiracy, but the criminals’ lawyer being vulnerable to prosecution due to involvement in said conspiracy was a major plot point.
Trump and his people aren’t even good at being bad.
So can a presidential pardon get Cohen out of this? Because I don't see any other way out for him.
Yes, and then dozen different states will sue him for crimes he already admitted guilt for, and no presidential pardon in sight.
New York could absolutely try him under the separate sovereigns doctrine, use evidence gathered by the FBI, and that conviction I believe can only be pardoned by the governor.
So can a presidential pardon get Cohen out of this? Because I don't see any other way out for him.
Yes, and then dozen different states will sue him for crimes he already admitted guilt for, and no presidential pardon in sight.
New York could absolutely try him under the separate sovereigns doctrine, use evidence gathered by the FBI, and that conviction I believe can only be pardoned by the governor.
The entire investigation has been structured so that the New York city and state law enforcement/prosecution team is a shadow member of the investigation. The smart money is that, the second Trump fires Mueller, everyone just shrugs and keeps going with the state Attorney General in charge.
I believe this is the first specific example of something they were looking for from the actual warrant itself. What criminal exposure could there be for Cohen re: Access Hollywood?
I believe this is the first specific example of something they were looking for from the actual warrant itself. What criminal exposure could there be for Cohen re: Access Hollywood?
The Access Hollywood tape is apparently what led Stormy Daniels to want to speak out, which is what led Cohen to pay her off.
Posts
I think it's more he has a vested interest in his own survival and continuing to not be disbarred. Whatever evidence prompted this raid was likely pretty nasty and Mueller knows about and so does Rosenstein and so you are looking at this situation thinking:
https://www.youtube.com/watch?v=MpPvGlrqhdA
No reason to stick your neck out for this shit. What's the gain?
Attorneys answer to a different authority for their ethical standards, namely, the bar. If lawyers weren't required to maintain ethical standards when practicing the law there would be no purpose in attorney-client privilege at all. It would just be a big gimme to blatant criminals.
Also, this just broke:
https://www.washingtonpost.com/politics/federal-probe-into-trumps-lawyer-seeks-records-about-two-women-who-alleged-affairs-with-the-president/2018/04/10/624104a2-3cda-11e8-a7d1-e4efec6389f0_story.html?utm_term=.75de696ce761
NNID: Hakkekage
Trump hires lawyers who act like gangsters. And gang leaders never like to get their hands dirty. That's why Trump is pretending that he had nothing to with Stormy Daniels, but Stormy Daniels isn't an anomaly. Assume that Cohen has done a bunch of shady shit that Trump technically never signed off on.
In that case, Trump has two choices:
1) He can either turn on Cohen by portraying Cohen as a rogue agent, basically setting him up as a fall guy. But this also means he can't hide behind attorney/client privilege.
2) He can claim attorney/client privilege, but only by admitting that Cohen was acting on his behalf. In which case, Trump goes down for any crimes that Cohen is being accused of.
That's the only move that makes any real sense, because it's one that plays on Trump's sense of victim hood and blame shifting. So you trap him in a corner where his only winning move is to declare himself a victim of Cohen's shenanigans, and play on his natural cowardice. But in the process, he loses his most loyal ally.
I'm not sure if this is true, but Law & Order taught me that attorney-client privilege is meant to protect the client, not the attorney. Meaning that Cohen wouldn't be allowed to turn on Trump, but Trump would still be allowed to turn on Cohen.
Attorney
Got
Arrested
Could... could the President get RICO'd?
Not even Dick Wolf could have imagined this as being possible.
And all I got was this lousy hat.
attorney-client privilege is meant to protect the client, certainly. but there is a third option, where Trump claims atty/client privilege but feigns ignorance of anything Cohen supposedly did as a "rogue" agent. in theory Trump covers his ass still while Cohen becomes the fall guy.
of course the interesting thing here would be if Cohen dislikes the idea of going to jail for an asshole and fights any charges against him. he may (may being the operative term) be able to bring up limited info from his representation of Trump in order to defend himself (Cohen, not Trump). even if this breaks client confidentiality, it would be deemed justified because it is necessary to Cohen being able to defend himself in a trial.
steam | Dokkan: 868846562
Can you imagine if Cohen flips? Oh baby
Remember that Cohen also handled the RNC books.
This is the guy who knows where the bodies are buried, figuratively.
I can, but its unlikely. From all accounts guy sees himself as a shield for Trump. Like take a bullet shield.
So what are the chances Cohen walks out of this with his license intact? Not Jail time, but losing his right to practice law?
I'm not sure if a lawyer breaking privilege would actually be admissible.
This guy might be starting to realize how truly, completely, inside-outedly fucked he is.
Probably also literally
Even a terrible lawyer would realize that by now
If they were co-conspirators it's not privledged.
Why do fishes swim?
Cohen has to go on news programs to shit out his opinions. If he didn't it would look really bad for him.
pleasepaypreacher.net
Because Cable News is how you get to talk to Trump directly.
This is well documented and not a joke. If you want Trump to hear what you have to say - don't try and make time with him - try to get on Fox and Friends or Morning Joe.
Let's play Mario Kart or something...
They're the most attention needing people on the fucking planet.
There's enough inherent shadiness in the NYC cabbie/medallion business that there could be a sea of felonies that had nothing to do with what happened in the cars every night - anything from money laundering to counterfeiting medallions to simple extortion and fraud of the drivers.
Basically null
When you're the personal lawyer of the President of the United States, and the FBI still had enough to get a judge to sign off on a no-knock warrent, you know you have some rough days ahead of you.
Don't forget how easy it was to call.
https://www.aclu.org/blog/executive-branch/crime-fraud-exception-michael-cohen-case
That's an interestingly specific example considering everything.
Cohen seems like the sort of person who would take a bullet for Trump, yes, because he seems like the sort of person delusional enough to believe that level of protectiveness is mutual.
However, I have to wonder if someone had a sitdown with him after the raid, with information on how disposable he is to Trump; and given Trumps inability to shut the fuck up for two god damn seconds, likely has Trump literally saying he will throw Cohen to the wolves.
And, if there is any dirt to be had via Cohen related to the RNC, he's also got to be aware not one person there is going to move an inch to cover his ass.
Cohen has everything to lose here by sticking to his guns. He'd have to be one hell of a True Believer™ to not fold.
We shall see, I suppose.
EDIT:
It sure would be easier to process if there wasn't that nagging feeling that with Bolton now here to give him a reacharound this fucking lunatic is going to start a major war to distract and compensate.
Origin: Galedrid - Nintendo: Galedrid/3222-6858-1045
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I'm not sure the GOP would be willing to eat collective shit by allowing a new war just to provide cover for the sinking Trump ship.
When you get the ACLU to side with the goddamn FBI over the 4th and 5th Amendments you done fucked up.
Yes, and then dozen different states will sue him for crimes he already admitted guilt for, and no presidential pardon in sight.
I know the joke that people like to make is on taking notes on a criminal fucking conspiracy, but the criminals’ lawyer being vulnerable to prosecution due to involvement in said conspiracy was a major plot point.
Trump and his people aren’t even good at being bad.
So many times i have thought about the massive paper trail here and this scene.
https://www.youtube.com/watch?v=pBdGOrcUEg8
New York could absolutely try him under the separate sovereigns doctrine, use evidence gathered by the FBI, and that conviction I believe can only be pardoned by the governor.
He would lose his ability to plead the 5th and could be compelled to give testimony.
The entire investigation has been structured so that the New York city and state law enforcement/prosecution team is a shadow member of the investigation. The smart money is that, the second Trump fires Mueller, everyone just shrugs and keeps going with the state Attorney General in charge.
I believe this is the first specific example of something they were looking for from the actual warrant itself. What criminal exposure could there be for Cohen re: Access Hollywood?
http://lexiconmegatherium.tumblr.com/
The Access Hollywood tape is apparently what led Stormy Daniels to want to speak out, which is what led Cohen to pay her off.
PSN/Steam/NNID: SyphonBlue | BNet: SyphonBlue#1126