General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsTribe: Read the brief by SDNY against Cohen Friday to see why Trump's feeling dangerously cornered
Laurence Tribe tweet a couple of hours ago:
Link to tweet
Tweet by Lawfare's Steve Vladek about the brief SDNY filed:
Link to tweet
Full text of the brief:
https://assets.documentcloud.org/documents/4437270/Cohen-v-US-Govt-Opposition-to-TRO-Request.pdf
Jarqui
(10,125 posts)"As set forth below, unlike a search of a traditional law office, the information gathered thus far in the investigation suggests that the overwhelming majority of evidence seized during the searches will not be privileged material, but rather will relate to Cohens business dealings
...
the USAO-SDNYs investigation relates in significant part to Cohens personal business dealings and finances
...
And there is reason to doubt that even communications with his only publicly identified
client regarding payments to Stephanie Clifford, who is also known as Stormy Daniels, would be
protected by attorney-client privilege. Among other things, President Trump has publicly denied
knowing that Cohen paid Clifford, and suggested to reporters that they had to ask Michael
about the payment. See Kevin Liptak, Trump Says He Didnt Know About Stormy Daniels
Payment, CNN.com (Apr. 6, 2018), https://www.cnn.com/2018/04/05/politics/donald-trumpstormy-daniels/index.html.
...
the USAO-SDNY has already obtained search warrants covert until this point on
multiple different email accounts maintained by Cohen, and has conducted a privilege review of
the materials obtained pursuant to those warrants. The results of that review, as resported by the
USAOs Filter Team, indicate that Cohen is in fact performing little to no legal work, and that
zero emails were exchanged with President Trump.
...
Moreover, not only is Cohens reliance on the USAM misplaced, but he invokes the
wrong section. Cohen cites to section 9-19.220 of the USAM, which, as Cohen points out,
applies to attorneys who are not suspects of a criminal investigations.
...
Accordingly, the nature of the USAOSDNYs
investigation and the nature of the offenseswhich sound in fraud and evidence a lack
of truthfulnessweighed heavily in favor of the USAO-SDNYs decision to execute search
warrant
....
Cohen advances the novel proposition, without any precedent or legal basis, that Cohens
own counsel should undertake the initial review of the returns of lawfully executed search
warrants. The USAO is aware of no precedent for such an unconventional practice. "
They go to great lengths to document how carefully they are handling this with a filter team
They make Cohen and his lawyers look foolish for citing some of the cases they did or for not knowing the law or for inappropriately trying to apply an inapplicable law/rule.
It affirms what some have said: Cohen is in deep trouble and therefore, it is likely very problematic for the guy he primarily works for.
SonofDonald
(2,050 posts)Hahahaha!
Kirk Lover
(3,608 posts)Botany
(70,508 posts)"But the riders to the search warrants copies of which have been provided to Cohen
identify the federal criminal statutes under which Cohen is being investigated."
I didn't read the whole thing or understand much of it but these people are very good and Cohen is not.
Cohen sited the wrong case law to back up his TRO.
SonofDonald
(2,050 posts)Understand the governments case, it's like Cohen's side sent in the third string against a team up by 70 points.
They are screwed.
Botany
(70,508 posts)..... Cohen siting the wrong case law in his argument was pretty funny.
Cohen is fucked.
SonofDonald
(2,050 posts)It's obvious he's not much of an attorney as he even made mistakes in his legal request to deny use of evidence taken in the raid.
The prosecutors lay it all out and he's screwed, should have paid more attention in class I guess.
BS doesn't win court cases as well as the truth.
Jarqui
(10,125 posts)That NDA with Stormy would have been flunked in a rudimentary contract law class.
I do not think Trump nor Cohen fully comprehend how much trouble they are in. They are too ignorant to grasp it.