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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSo let me get this straight re: Hannity/Cohen
The prosecutors have been trying to review the documents they found during the Cohen raid. Cohen says they're protected by attorney-client privilege. The prosecutors are arguing that Cohen is basically not a lawyer with clients, therefore attorney-client privilege shouldn't apply. That's why Cohen was ordered to provide his client list.
By immediately making a statement saying "Cohen wasn't my lawyer, I barely knew the guy" isn't Hannity bolstering the prosecutors' case and making it more likely that they will get access to the documents?
It will be quite delicious if Hannity's denial ends up giving the prosecutors what they need to bring Trump down...
Sanity Claws
(21,849 posts)If he wants to waive it or if he says it doesn't exist, then it doesn't exist.
poboy2
(2,078 posts)Hortensis
(58,785 posts)He's also on TV saying he didn't have an attorney-client relationship then right after saying he'd hope those conversations were protected by attorney-client privilege.
I'm kinda thinking Fox's attorneys might not be advising him.
garybeck
(9,942 posts)that Hannity wants it both ways. he said on the air today that he never hired Cohen, never paid him. BUT he is also claiming attorney client privilege.
he is saying he's not a official client but he deserves client privilege simply because he was getting advice from a lawyer
Jarqui
(10,126 posts)Sean won't be able to complain because he blew off the privilege
Achilleaze
(15,543 posts)Enough -republicans really need to stop already with their sordid republican sexual perversions.
Hey morally bankrupt repubes: Think of the children.
Cha
(297,275 posts)Funtatlaguy
(10,878 posts)Blew off the privilege
Well played.
manor321
(3,344 posts)Cohen is not doing much lawyering, is he?!
And now the third client is saying he's not "really" a client, then there are only two clients.
Midnight Writer
(21,768 posts)herding cats
(19,565 posts)Also, if Hannity never "used" Cohen as an actual attorney, why would he be on the list if he isn't in any of the records? 🤔
getagrip_already
(14,757 posts)and is trying to shield them. Of course, that wouldn't be covered by priv even if he was a client. priv doesn't work that way, but cohen isn't a very good attorney.
herding cats
(19,565 posts)I suspect eventually we'll know exactly what it was.
TommyCelt
(838 posts)So what?
So??
SO?????
getagrip_already
(14,757 posts)he probably doesn't have a good working idea of what privileged comms are.
Just because hannity is a client doesn't mean that everything they discuss is privileged. It has to be a legal discussion concerning the client, not a third party, even if that third party is also a client.
kentuck
(111,098 posts)Cohen thought he was smart enough to cover for him. Now, everybody knows Cohen is not a lawyer. Hannity screwed his buds!
blugbox
(951 posts)He is only digging his hole deeper.
Cohen is arguing that Hannity's name shouldn't have even been released because of attorney/client privilege...
While at the same time... Hannity is saying there isn't even an attorney/client relationship.
To me, that sounds like Hannity just gave the court permission to review anything and everything. Im I wrong in this thinking? The two arguments they are using seem to completely contradict themselves.
flibbitygiblets
(7,220 posts)Ironically the "taint team" would have normally excluded any info on Hannity. Cohen's legal incompetence is why we all know about this.
LiberalFighter
(50,942 posts)Considering it is Hannity and there are only 3 clients of which two are sexual in nature there may be a tie in. Especially with that special account Cohen created.
grumpyduck
(6,240 posts)I could SWEAR I read something this morning to the effect of Hannity saying he and Cohen had been friends for a long time and he had asked him for legal advice. Of course I can't find it now. Did I dream that?
Marcuse
(7,487 posts)You make my problem disappear and I will advocate for your other client like nothing ever known in media history.
WheelWalker
(8,955 posts)This is getting quite delicious.
Ilsa
(61,695 posts)he can't deny his ties to Cohen.
If hannity has never formally retained cohen, and never received an invoice from cohen, it sounds less and less like an attorney-client relationship.
ETTD: everything trump touches dies.
whopis01
(3,514 posts)You said:
If hannity has never formally retained cohen, and never received an invoice from cohen, it sounds less and less like an attorney-client relationship.
You do not need to retain an attorney or receive an invoice from them to have attorney-client privilege.
If that were the case, then merely interviewing a lawyer for potential hire could result in you releasing information that would be unprotected. The act of attempting to initiate an attorney-client relationship invokes the privilege even if the relationship is never entered into.
Ilsa
(61,695 posts)jpak
(41,758 posts)mainstreetonce
(4,178 posts)So whatever his legal problem was,it was with himself?
The Polack MSgt
(13,189 posts)uponit7771
(90,346 posts)Bernardo de La Paz
(49,002 posts)Dem_in_Nebr.
(301 posts)Doesn't set the bar very high does it?
Sean Hannity
(@seanhannity)
Michael Cohen has never represented me in any matter. I never retained him, received an invoice, or paid legal fees. I have occasionally had brief discussions with him about legal questions about which I wanted his input and perspective.
58 mins ago · Twitter
Sean Hannity
(@seanhannity)
I assumed those conversations were confidential, but to be absolutely clear they never involved any matter between me and a third-party.
57 mins ago · Twitter
OldHippieChick
(2,434 posts)and funnier. I can't help doing cartwheels in my mind.
cab67
(2,993 posts)...Hannity perhaps has the least amount of intellectual prowess. He really isn't very smart, as far as I can tell.
vi5
(13,305 posts)....that I think fully believes every ounce of his own bullshit.
He is the epitome of the typical Republican: a middle aged, white male know-nothing, barely educated blowhard that thinks he knows everything and will be more than happy to tell you about it whether you want to hear it or not.
cab67
(2,993 posts)Last edited Mon Apr 16, 2018, 08:58 PM - Edit history (1)
That's one of my favorite new words.
MLAA
(17,296 posts)Marcuse
(7,487 posts)Hopefully Cohens files will become public sooner rather than later.
fierywoman
(7,684 posts)with cash (presumably to sweeten him up to talk nice about our now pee-Resident Spanky?)
Beartracks
(12,814 posts)He thinks aggressive talkiness makes him look smart.
===========
grantcart
(53,061 posts)Stonepounder
(4,033 posts)(Disclaimer: I am not now nor have I ever been a lawyer) The question of privilege seems to be a somewhat complicated one. From what I have hard various lawyers say:
1. If I am at a party and see a casual acquaintance who happens to be a lawyer. If I engage him in conversation and ask him a legal question and he give me his legal opinion and no one else is around to hear our conversation, then privilege.
2. If I swing by the office of a friend who is a lawyer and we go out to lunch and chat about our families, our vacations, blah, blah, then no privilege attaches.
Money does NOT have to change hands for privilege to attach nor does there need to be anything in writing. Like I say, from what I have heard, it's complicated.
grantcart
(53,061 posts)Re:
1) If you ask your friend a question that is generic and non personal "I have a question about the law in this state. If someone does X would that be illegal?" would not invoke privlege
If however you said "I need some direction because yesterday I did something I think may be against the law" there would be privilege.
If your friend says "before I answer that give me $ 10 so that you engage me" there would be privilege.
Hannity's comments seem to undermine any claim of privilege but what is really going to matter is what is in the files because anything that is in the furtherance of a crime is not privileged.
blue cat
(2,415 posts)That he may have given him $10, last night on his show.
H2O Man
(73,558 posts)It can't get any stranger, can it?
The Polack MSgt
(13,189 posts)Hope you're feeling better
TygrBright
(20,760 posts)Hope you're takin' it easy.
affectionately,
Bright
OldHippieChick
(2,434 posts)just having to get used to this new bizarre reality that is "Trumpworld". Perhaps it will be a new part of Disneyland for descendants to come.
Hekate
(90,708 posts)ms liberty
(8,579 posts)And I am very happy to see you here and commenting. I hope you're feeling better!
femmedem
(8,203 posts)It's a good news day here at DU, but seeing you post is the best news of all.
tblue37
(65,393 posts)mountain grammy
(26,622 posts)means you're on the mend? Hope all is well.
Ellipsis
(9,124 posts)There's some sort of bizarre Lewis Prothero analagy in there.... just a wonderful twist to our reality.
HopeAgain
(4,407 posts)First he talks about a 10 Dollar de minimus payment, now he says he talked to Cohen about some real estate deals.
Dulcinea
(6,639 posts)BlueJac
(7,838 posts)Good old food for thought! Squirm Hannity.
OnDoutside
(19,960 posts)slater71
(1,153 posts)Hannity basically called Cohen a liar. He said Cohen never represented him. Somebody is a liar. I hope it`s Hannity.
mikeysnot
(4,757 posts)that is all he knows. That is why he makes 36 million dollars a year.
Chemisse
(30,813 posts)Based on Cohen not being a "lawyer with clients"?
If his clients believed he was acting as their attorney and he was a licensed lawyer, I don't see how they can just open them all up and have a hey day with them, if they weren't part of the search warrant.
Of course that concern won't prevent me from enjoying the acute discomfort of everyone involved.
More_Cowbell
(2,191 posts)Which inserts itself to review the documents for attorney-client privilege before law enforcement gets to see them.
That would, presumably, weed out any actual protected documents.
They had to jump through some serious hoops to even get those documents. Ordinarily, they would have had to subpoena them and Cohen would have had to produce them. So in this case they had to convince a magistrate that (1) there were crimes being committed, as evidenced by those documents, and that (2) Cohen would likely destroy the documents after he was served with a subpoena.
Attorney-client privilege is a serious matter. It becomes less serious if the lawyer is not actually practicing as a lawyer. Attorney-client privilege applies when a lawyer is dispensing legal advice, NOT when he's committing crimes with his clients.
You can see how you wouldn't want someone to, say, go to one of the worst ABA-rated law schools in the country just so that he became a licensed attorney and everything he did would automatically be subject to attorney-client privilege, even criminal conspiracies.
Chemisse
(30,813 posts)Clearly there is plenty that we can't know about the Cohen raid and its aftermath. It wouldn't surprise me at all if Cohen was facilitating criminal activities on behalf of Trump and Hannity both.
On edit - I knew most of what you wrote, since I've been following this, but I appreciate the effort you took to explain it.
ismnotwasm
(41,986 posts)More of the shitshow that is the Trump presidency
orangecrush
(19,570 posts)What a glorious day!!!!
DesertRat
(27,995 posts)Cha
(297,275 posts)DesertRat
(27,995 posts)herding cats
(19,565 posts)This is what I've been saying since I heard.
They're hiding something, but as usual they're doing it in the most asinine, backward way possible.
uponit7771
(90,346 posts)herding cats
(19,565 posts)Because Cohen is too shameful to be associated with, but don't look at any records with Hannity's name attached!
Speak of a tangled web.
blueinredohio
(6,797 posts)RVN VET71
(2,691 posts)Please, please, please, please!
japple
(9,828 posts)Trump: "He was a covfefe boy."
C_U_L8R
(45,003 posts)Well what if Cohen was paying off Hannity?
voteearlyvoteoften
(1,716 posts)Next excuse heh
TheRealNorth
(9,481 posts)If I had to venture a guess, Hannity and Cohen were probably coordinating messaging. My guess is that Cohen thought that if he said Hannity was a client, then their discussions would fall under attorney-client privilege.
I doubt anything will come of this unless there is also evidence that Hannity or Fox news knows of legal wrongdoing and are actively collaborating to sow disinformation. Even then, I don't know if running a disinformation campaign would be enough to convict Hannity of anything.
However, I do believe that Trump and Rupert "struck a deal" in July-August 2015 (around the time Trump made those disparaging remarks about Megan Kelly). If Mueller uncovered any sort of deal/payment for favorable coverage on Fox during the primaries, then things could get interesting.
spanone
(135,842 posts)Raven123
(4,844 posts)He wants to assert attorney-client privilege AND try to protect whatever integrity he has left by distancing himself from Cohen. Not gonna happen
WhiteTara
(29,718 posts)had client attorney privilege. His mouth has two sides.
IluvPitties
(3,181 posts)WhiteTara
(29,718 posts)hanging out between the two.
Beartracks
(12,814 posts)=========
rocktivity
(44,576 posts)mbusby
(823 posts)...makes an ass out of you and me.
DumpDrumpf
(85 posts)Oh Lord, why ya doin this 2 is? A lot of us didnt grow up/live on easy street and this is like the last indignity. Damn. Its like when Willy Wonka was gonna kick out Charlie & his grandpa. It sucks. Bad.
blugbox
(951 posts)Sorry, I had to. God that feeling. You are correct, it sucks.
But I love seeing these criminals get what they deserve. I'll be screaming my title for this post at them as they are hauled off to prison.
oasis
(49,388 posts)stonecutter357
(12,697 posts)NastyRiffraff
(12,448 posts)Attorney-client privilege is limited to when there's, you know, an attorney and a client. If Sean says Cohen wasn't his lawyer, that should settle the privilege (or lack of) question. Chats Cohen & Hannity may have had about real estate or whatever don't count.
I would imagine Cohen isn't too happy with Hannity right now!
Orsino
(37,428 posts)No stay has been granted?
But Cohen not being a full-time lawyer is only part of the government's position. The no-knock warrant acknowledges the likelihood that Cohen is and has been committing crimes, the investigation of which supersedes attorney-client privilege.
MGKrebs
(8,138 posts)Trying to put this all in context.
- The FBI raids Cohen.
- Cohen claims atty/client privilege protects some or all of the seized material.
- Judge says who are your clients so we can decide.
- He names three: Trump (pants problem), Broidy (pants problem), Hannity (real estate advice?).
*Presumably this means Cohen has had some contact with Hannity that he thought he couldn't avoid admitting that he had.
- Hannity inexplicably and quickly appears to distance himself from Cohen.
Why would Hannity do that? What's wrong with just agreeing and saying that yes, we have a relationship and I want whatever records there are to be protected?
1. If what Hannity says is true and it's just some real estate advice, then fine, let the taint team see the file and move on. More support for the witch hunt meme I suppose.
2. Did Hannity just overreact? Seeing Cohen going down in flames and wanted to run the other way? But why? I thought they were friends? And they are both certainly supporters of Trump. Hannity (apparently) has been pretty much driving the "witch hunt" bandwagon for weeks or months now. Why would he suddenly cut and run in this case? It sounds as if he didn't even expect to be named, publicly or not. He didn't even really consider himself a client. Did he unexpectedly hear his name in court and have a panic attack? Took some oxycontin and it clouded his judgement?
3. Or is there more? Both of Cohen's other named clients had pants problems. As far as we know, that is what Cohen does, takes care of that. And he apparently does it in a way in which (he thinks) money is hard to trace. Interesting in light of Hannity's
quick statement that he hadn't paid Cohen anything, except, well, maybe $10.
I think I'll take door #3, Monty. Which means; If #1 and #2 seem unlikely, the judge is unlikely to let them protect the Hannity Files?
poboy2
(2,078 posts)Like, Cohen took out a home equity loan to pay Stormy 'real estate' advice?
Did Cohen do it for Hannity too?
PRETZEL
(3,245 posts)any type of monetary exchange (like say use of a private jet maybe) would qualify as payment for services rendered.