Why do we assume that anything that was transacted between Trump and Cohen is covered by attorney-client privilege? Has Cohen ever actually acted in the role of Trump's attorney in any civil or criminal case? Has Cohen written any legal papers for Trump? Has he appeared in court representing Trump? I've become aware that Trump and his businesses have a fleet of lawyers doing official lawyering business. But what has Cohen to do with any of this? Cohen may indeed have a law degree, and may even have passed the bar. But if he is even a lawyer, and even if he is on Trump's payroll, or he collects fees from Trump, that alone does not make him Trump's attorney. We all can have friends and colleagues who are lawyers, and who we might ask legal questions. But if they are not our legal representatives, our dealings with them do not come under protection of attorney-client privilege. I'm sure that Trump and Cohen intentionally sustain the fiction of being attorney and client, precisely to claim (falsely, as usual) that their business is covered by attorney client privilege. But I strongly suspect Cohen has been an employee, or worked under contract, or consulted, to Trump, but has never actually represented him officially in a legal capacity. No, I strongly suspect that Cohen has served Trump in nothing but extra-legal and illegal capacities. If so, Trump's and Cohen's claims for attorney-client privilege regarding any of their business dealings are bogus.
4
How do they who's is who since every client of Cohen seem to be David Denison? For all we know David Denison could be somebody sitting on their bed who weighs 400 pounds.
5
The Feds sure nailed the right guy. If anyone has the smoking gun, it’s Cohen. Let’s just hope he was too inept to wipe his computers correctly.
1
I could care less about Trump, but the prospect of every single crook sinking with the ship is solid gold. Everyone from Nikki Haley to the lowest level unqualified corrupt goons of the Trump regime...
And Paul Ryan ran for a life boat !!!hahahaha
2
Mc Carthy, Cohn and Winchell. Need I say more?!?
1
trump-that' soooo unfair. Booohoo, rich man always get to cut in front of the line.
1
She didn't "hint" anything. She denied their motion. She's deciding between a special master and a taint team, and has asked for an inventory.
There. Fixed it.
6
The audacity of Donald Trump and his attorney Michael . How galling to want to review materials from which they could be criminally charged.
14
Why would these people need special privileges? This is not the first court case ever.
8
The President of the United States at war with his FBI and Justice Department.
Putin is getting a very good return on his investment.
14
Anyone who travels within the EU and Europe in general knows about the Shengen Zone. It is an agreement between certain countries to permit travel between them without a visa or presentation of a passport. Germany and the Czech Republic are members. It appears that Cohen, Trump's "Fixer", entered Germany and traveled to Prague mysteriously - a trip linked to possible Russian collaboration in the 2016 election. Cohen denies such a trip, but he has several passports and Mueller can easily find where he was and why. THIS may open up grounds not only for "collaboration" with the Russians, but for High Crimes and Misdemeanors impeachment and imprisonment since Cohen was working with his main client, The Dotard.
How nice it would be to unequivocally prove Trump's complicity and lies beyond a doubt for his cult following.
18
Cohen is looking a tad weary in that pic.
11
Maybe Trump can get Three Doors Down to represent him.
3
What are the chances that the Trump/Cohen legal team purposely revealed in court Hannity’s name as part of the FBI sweep, as a specific tactic to inflame their Fox-watching, pro-trump base? Hannity gets to play the role of “the innocent victim” and their rabid base eats it up as FBI/prosecutorial overreach. Because you know, if team trump would have asked Hannity ahead of time for the go-ahead to use Fox’s golden boy in such a role, he certainly would have said “absolutely, yes.” His ratings-dream come true. A nightmare for the rest of us, but we’re on to them.
6
No, Cohen's lawyer specifically said the client didnt want to be named. Will they spin it their advantage now? Probably.
1
Documents will prove that Comrade Trump owes Russia and he’s a traitor
14
All true revolutions must embrace their martyrs!
Behold the figure of Donald 'St. Sebastian' Trump, his hands tied to a post behind his back, thanks to Jeff Sessions; his eyes blindfolded, thanks to Rod Rosenstein; his alabaster torso pierced by the arrows of the 'deep state; the Democrats, Schumer and Pelosi, feverishly stacking cordwood around his bound feet; and Bob Mueller standing by, torch in hand.
But know this, America--from the ashes of this pyre will rise a greater Phoenix, more awesome, more terrifying, soaring high overhead, flashing fire and thunder, deaf to the pathetic cries of the awestruck 'snowflakes' below, screaming as it flies to its perch atop Trump Tower, 'MAGA, MAGA, MAGA!"
4
Martyr? More like con artist.
1
The judge in this case officiated George Soros' wedding a few years back. You can't make this stuff up.
1
How in the name of all that's holy would a criminal target be allowed to cull the evidence that the prosecution can see? I know this will never ever sink in for our president, but he is NOT above the law. The normal procedures of the world's oldest democracy will have to suffice for him, no matter how much he decries the system we've cherished and bled and died for. (Not him, or his family, of course). When will this nightmare be OVER?
14
Judge Wood should be recused from the case and removed from the bench for publicizing her "unimpeachable" bias ... travesty, sham, and total injustice. How can anyone expect a FAIR trial, when the judge, having not heard any testimony, just comes out of the box that the SDNY Atty's integrity is "unimpeachable." So, now we have a federal district court judge VOUCHING for the prosecution before the proceedings have even begun. Hopefully, defense counsel will be smart enough to impeach Judge Wood for her obvious bias.
Paranoid baloney. Trump's the current world heavyweight champion big baby: when something doesn't go his way, he always cries "IT'S NOT FAIR!!!" to deflect, change the subject, and weasel out of responsibility. He's been doing it his whole life, by all reports, and had graduate training from the legendarily evil Roy Cohn. The real question is, is the evidence unimpeachable? We'll see. Trump's version of the old saying is "if facts are against you, and the law is against you, attack the judge, the prosecutors, the media, and the Clintons."
The judge has every right to say she trusts the prosecutors' office, based on her experience, and neither Trump nor Cohen has raised any claim against the prosecutors' integrity; the judge is nonetheless still considering taking the totally extraordinary extra step of bringing in an independent special master to support the appearance of fairness. You not only have no beef, it's both dishonest and ludicrous for you to pretend you do. You're spinning imaginary baloney from thin air.
I'm waiting for someone to demand Wood recuse herself because, as a well-known misogynist, Trump can't get a fair trial from a woman judge.
18
The defense cannot "impeach" the judge. This tirade against Judge Wood is indicative of the lack of knowledge regarding how our government works by a large segment of American citizens. Sure a bunch of attorneys representing one side of a dispute are going to "impeach" a judge. And BTW there are no charges pending and no lawsuit filed.
7
Allow them first glance at what is there ?
No, give it to them as part of Discovery, like any criminal matter. This is no different.
Amazing that at one time, this party made a stupid email situation a debate point...now, they want to vet what the prosecutors see before they see it for real, provable, and direct crime. Donny and his mob have chutzpah, anyway......
17
Don't they have to be charged, first?
Oh, you need all my records, here let me look at them and I will decide what you can have, okay.
11
Apparently, Hannity consulted with Cohen enough to generate documents to be seized, but Hannity says he never paid Cohen. How do we explain that?
One possibility: Cohen was working for Hannity for free, or with the expectation that Trump would pay him.
Hannity is Trump's most loyal media person and Cohen knows Trump would want Hannity to tell Cohen his personal information and then get something without paying.
Cohen may not be the best lawyer, but he knows how to cultivate Hannity: legal or other advice for no charge. Would anyone put it past Hannity to accept a gratuity for his hard work for Trump?
5
Re:"...A federal judge in Manhattan indicated on Monday that she was not prepared to grant President Trump exclusive first access to documents seized in F.B.I. raids on the office of his personal lawyer, and said that she was considering appointing an independent lawyer to assist in reviewing the seized materials..."
...Since when do gangsters get to tell a judge how to operate her courtroom?
15
Trump has assembled among the most corrupt ignorant immature incompetent and unethical team of lawyers ever gathered to defend him. While attracting opposition from among the most competent smart wise and ethical lawyers coming after him. When your lawyers have and need lawyers you are encircling a supermassive black hole of legal danger and exposure.
5
"Your honor, these documents make our clients look really guilty. As such, we cannot let prosecutors use them in the investigation. Thank you."
12
Thanks to the NYT for clarifying a point left unclear in yesterday's reports. The TRO was denied, and no decision was rendered regarding whether a taint team or special master would be appointed to review the seized materials. Yet the government was ordered to produce those documents to Cohen's lawyers. That order to produce suggested that Cohen's lawyers would have the documents, while .prosecutors would not, thus accomplishing de facto what had been sought in the denied TRO.
Now it's clear; nobody will see the documents until Judge Wood rules that Cohen's lawyers should see them first (not likely), or that they must be reviewed by a taint team or under the supervision of a Special Master. I'm putting my money on the Special Master. I do not believe that Judge Wood distrusts the U.S. attorney -- clearly, she does not distrust the prosecutors -- but because such supervision by a neutral party would undercut any claims by Cohen that the US attorney is biased.
9
Standard procedure in cases like this is for a "taint" team to review the seized documents/evidence. So why should this case be treated any differently. Why would the rules have to be changed or bent slightly just because Cohen and Trump complain. The judge should simply rule that this case will be handled via their standard operating procedure and move on.....The dilly-dallying leaves the impression that Cohen/Trump have some sort of legitimate argument when all they want to do is destroy the evidence before anyone else sets eyes on it. So the sooner this evidence is processed, the better and the lesser the chance of it being destroyed or removed via some other legal shenanigans.....
12
There is a two-tier justice system in this country. The Swamp, and everyone else. The populist vote is going to come out of the woodwork this coming election.
8
One thing I haven't heard mentioned about Mueller's referring the material on Cohen to the US attorney's office in NY: this is part of Mueller's back-up plan in case he gets fired or limited in completing his investigation. Now that he referred that material out to another team, there is a separate investigation in process that may reveal even more damaging material on Trump and his activities. Shutting down Mueller won't stop that.
22
And while we're all being distracted, conveniently, by the irrelevant story of which old white guy paid which bimbo, may we remember that laundered money, rubles from mafia, Trump team abroad, yet another murder of a young Russian journalist/activist/lawyer with possible ties to the story of Trump, debt, rubles, criminal activity, mercenaries with poison and guns who aren't necessarily on Vlad's payroll.
11
I understand why people might think Trump does not have the right to look at what they got from Cohen's office.
What about stuff that is about other people.
These people have rights.
What will happen if they find evidence that a crime was committed by one of these other people.
I guess that evidence can not be used in court but can they be used to open a case that might find other evidence that can be used in court.
3
Dear NYTimes Staff,
This is great reporting! Please consider investigating Keith Davidson. The fact he's Cohen's friend and apparently served as the attorney of the women who Cohen wanted to gag appears too suspicious. The Cohen-Davidson link could what bring Cohen down, particularly if the gov't was reading Cohen's emails when he "negotiated" with Davidson on behalf of Broidy last Fall.
Thanks!
George (Chicago, IL)
12
Wanna bet there's kompromat on Hannity?
12
How long before Twitter Twit Trump derides Judge Wood in an early morning Twitter attack. He shows absolutely no respect for the law in this country, the fact that Judge Wood has an impeccable jurist history counts for nothing for “our” President, this bully knows that Judge Wood will not be able to fight back.
7
He's draining the swap and the last of the few circling the drain are trying to dig their claws in! such a shame... i could go to an ambulance chaser and get better client privileges. Celino and barnes would take this case!
Pres trump will have a field day in court. and the whole world will here him say your fired to these judges and the system trying to keep him down.
and then they will complain he sold more mugs and shirts with his slogan. he's running our country like a business and these guys want to play politics. the fbi is all democrats now
2
So now a plausibly criminal conspiracy believes it should decide which documents may not be seen by prosecutors, when one of the conspirators is president of the country?
7
Appointing a Special Master in a case like this would be unprecedented. The warrant and it’s execution were proper. If this were any other “attorney” with this kind of client profile, SDNY would be processing evidence already. Judge Wood did not hesitate in forcing the client reveal. There should be no hesitation in permitting the prosecution to process the evidence.
17
I totally agree!!!
4
I believe an old lawyer's cliche applies here: belt and suspenders. There must be no question due process was meticulous.
3
Am I the only one who is a little curious on how Hannity is a client if what he says is correct. Why did Cohen think he (Hannity) was and then tried to keep it quite. The other question I have is if Cohen only has two real clients how does he live the life style he does, where does his income come from. I mean he has an office in the Rockefeller Center, lives in trump tower(?). Might be easily explained but, but surely others involved in the investigations are wondering the same. Maybe he sells Mary Kay on the side.
11
Cohen owns 300 tAxicab medallions . Plus real estate
3
Typical fascist government move. You can't have your documents or even see what documents we took from you. Makes sense if you are standing on your head.
4
Didn't say that. Question is when, not if. Due process at work.
7
ITS GONNA BE SO FUN when we find out how many women Hannity had to pay "hush" $$$$ to -- you don't contact a "fixer" for real estate advice!
10
The sooner these creeps go away, the better....
10
After watching this rather spectacular scene unfold . . . I was left with one thought. I was struck by the magnitude of Ms. Cliffor's force and determination. Mr. Trump and his associates would do well to remember "Hell hath no fury like a woman scorned."
This woman seems determined to bring this man to justice, and she might very well have the means to do so.
16
Is Hannity another David Dennison?
14
Not only did Trump hire an incompetent lawyer - Cohen. But Cohen hired an incompetent lawyer who could have submitted the name written on a piece of paper rather than shout it out in public. Furthermore, the lawyer could have come up with a much better arguments than "embarrassment" - how about potential adverse effects on employment and income?
Why does everything connected to Trump turn out to be a clown parade?. Is it perhaps because his criteria for quality is being rich and a great admirer of Trump (i.e. stupid).
10
Failing 45 is nothing more than a citizen before the law, and deserves no more protections than any other sexual offender.
12
When will we learn what statute violations were proffered by the Feds to gain a warrant? What should we know about Kimba Wood?
1
You probably won't learn anything about "statute violations" if none were committed.
And what should you know about Kimba Wood? She's a judge, who administers the law fairly.
14
Our "Fake President" is morally unfit.
10
Both Stormy and Comey are playing Trump, Cohen and Hannity's game "Right Back Atcha Attack".
I see you. I raise you. It takes a brave and clever person to play the ITVTrump WWE Game so well. My compliments to them. Play fire with fire. Go Team. Bring it on.
8
Lots of fruit coming soon from the poisoned tree. I realize the Clinton's are laughing but are very lucky it wasn't them.
Keep refreshing the app. for more juicy news. Mondays have been come so dramatic that a normal Tuesday seems boring. But, since Trump is predictable, his breakdown on Thursday or Friday will indicate that next Monday will deliver great news again.
2
Thank the Founding Fathers for our check and balances....The Judiciary is now the MAIN thing standing in trump's way from dragging our country down with his totalitarian policies. It is obvious the desperate republicans in Congress are not doing their jobs. But of course trump has had trouble with the "Federal courts around the country" since day one, because he does not know or care about the rule of law. Like most wanna be dictators, trump displays all the tendencies; The media (except Fox) is fake news, Judges are attacked for any reason if he does not agree with their rulings, the FBI, DOJ, Special Prosecutor is a "witch hunt" demeaned daily by his demented tweets...etc.....this sad and sorry disturbed little man is the biggest threat to democracy I have seen in my 70 years on the planet!
10
“I have faith in the Southern District U.S. attorney’s office that their integrity is unimpeachable,” Judge Wood said.
I'm sure she feels the same about President Trump and his administration who have shown nothing but respect for the courts. Ha. Ha. Ha.
3
Thank Heaven Judge Wood is thinking along the lines of fairness to both sides. Review, relinquish the unnecessary items, and retain the ones which are needed to pursue justice in the real meaning of the word. A new meaning of the Three R's. I hope there is enough to toast this administration, and quickly. This has been the nightmare of the millennium for the world, not just the U.S. It must be taken care of shortly, or we WILL end up like the Roman Empire. Because t. Rump is acting like he's an emperor. And how about sending those kids home to NY. What do they do anymore, anyway? The only problem is that we are left with Pence, whose views are intolerant and rigid. But maybe, just maybe, Congress would kick in and work out some of the biggest issues which are not being addressed. Sometimes I don't want to wake up in the morning! And what T.Rump just did to Nikki Haley is meaner than mean.
5
One of the reasons America is great is because we have a type of jurisprudence that has served as a role model for the entire world.
Those who criticize the judge for following the rule of law ought to ask themselves if they want America to be great, or to be rotten as long as their side can hide their guilt.
6
In this disaster, one good thing keeps making itself plain: some Trump supporters are willing to forgive him unconditionally, let him break any law, destroy or dismiss any evidence, and threaten the Constitution itself to get what they want. Before this we'd never have believed they were there among us. Now they speak up. Now we see their faces, hear their treasonous insanity, and know their businesses and churches. They were dangerous in hiding but out where their arguments have to stand or fall on merit they're mindless and belligerent, but small, frightened, and disunited. Trump did this. We won't have anything else to thank him for, but he's destroying the Right from within. Thanks Trump!
10
Well said; "Before this we'd never have believed they were there among us. Now they speak up. Now we see their faces, hear their treasonous insanity, and know their businesses and churches..." They are the cancer cells in our society.
Forget about Mueller and the SDNY investigations . How much more slime and corruption is needed to be uncovered ? As far as I’m concerned Trump and his Gang have already finished the job of destroying the concept of america ! They were aided and abetted , incredibly , by those who profess to be super patriotic and bound to religious scripture !! Unbelievable !
9
Judges are the only ones that are actually protecting us.
The sad part is that behind the scenes, the GOP in congress
are replacing them with people picked by 'Heritage Foundation'.
Before you know it, they own all the judges too. :(:(:(
6
One thing though, the confirmation process for judges is quite slow, apparently, and frustrating conservatives.
2
Where in the world is the justice dept. going?
"Sean Hannity, the Fox News host and one of Mr. Trump’s most ardent supporters, had secretly been a client of Mr. Cohen."
I did not know that one's attorney was public information or even should be. This is starting to look like the witch hunt that Trump screams about. I have lost faith in DC, the justice system, and special prosecutors that do not appear capable of staying on target and focusing on their role. As a reminder, that role is to determine if Trump conspired with Russia to win the 2016 election. Period. End of story.
While many here delight, along with the NYTimes, in the daily 'esquire-like' reporting, we still have laws, still have the right to privacy, and still have the right to an attorney of our choosing. I'm disgusted.
1
Simply said. Hannity should have indicated that he was a client of Cohen, keeping this from his viewers shows a lack of respect for his followers and exposes an obvious bias when interviewing Cohen etc.
5
Actually, Order #3915-2017 is quite clear in stating the intent and scope of the Special Counsel’s investigation:
“...to ensure a full and thorough investigation of the Russian government’s efforts to interfere in the 2016 presidential election...”
“...including:
(i) any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump and;
(ii) any matters that arose or may arise directly from the investigation...”
The order further states:
“If the Special Counsel believes it is necessary and appropriate, the Special Counsel is authorized to prosecute federal crimes arising from the investigation of these matters.”
What kind of American would not want for the truth to come out?
6
Going down the list of possible Special Masters to handle the Trump / Cohen documents seized, the reputations, qualification of each candidate are being weighed by Judge Wood. After consulting the list supplied by President Trump's lawyers, she has selected the best possible overseer for the case. Ted Nugent.
4
I don't have any problem accepting a special master if it will erase any appearance of impropriety. However, we'll need to know who is the judge thinking about? Judge Judy?
I won't accept anyone of lesser integrity than Supreme Court Justice Ruth Bader Ginsburg.
5
Agreed!
Are we back in the days of Claudius with need to let all the present in the
government out. Probably. Great quote Lou
1
At a time when I feel like my confidence in our country's institutions are low, this is giving me faith in our justice system. Some countries do not have the luxury of that.
16
"Let all the poisons that lurk in the mud break out." I, Claudius by Robert Graves (1936)
18
Lou, there real quote is "Let the poisons that lurk in the mud hatch out".....This quote really does describe the trump presidency since day one!
3
This is so obvious and easy to solve: Cohen had plenty of time, years in fact, to peruse the documents etc in question when he was stashing them away. I don’t see why he has his Calvin’s all in a twist.
11
Why is this even an issue? No one is above the law, and Trump should absolutely not have the chance to review the documents. Why should he be able to review any information that was obtained? He should not, and I will even more disgusted than I am if he is allowed to review the seized data.
48
It is an issue because there is an attorney client communication privilege in play. Whether it be Trump or Hannity or anyone else, the privilege protects the communications an attorney and client have related to legal action and advice. The issue would exist in any case where an attorney's documents were seized. But more than likely, the FBI/Justice Department "taint" team would not be called in question. Judge Wood is correct in her thinking that a special master should be appointed as a part of the process, at least to address the perception of fairness, not to make it fair. Judge Wood was clear that she believes the Attorney General office in her district have integrity and can be trusted, but since this is a front page national story, the perception of fairness needs to be addressed. I'm a practicing litigation attorney and deal with the privilege in my cases on a regular basis. In my opinion, the Judge in this case is making the right decisions.
72
If he get’s to look there should 5 independent attorneys & 20 cops in the room to make sure nothing disappears. The judge should get to look at everything tries to say is not pertinent or client-attorney privilege. We know Trump just wants to destroy evidence. Would be DC’s largest bon fire!
3
I agree with you. God knows, we don't want any legal errors that would help Trump and his "associates."
Trump's response...laws? Who me?
29
I was disappointed that the NYT did not include Mr. Hannity's "set the record straight" explanation from last night. He said his dealings with Mr. Cohen "exclusively, almost, focused on real estate." The word "almost" is a red flag for any careful reader or journalist, and its use makes it clear that the "real estate" comment is a fig leaf for what was actually discussed in the document or documents that Mr. Cohen seeks to withhold from the government and the public and Ms. Daniels. Mr. Avenatti, a careful and effective lawyer, will undoubtedly note and explore the "almost" caveat.
55
Hannity is such a liar & braggart, who can believe what he says! Cohen named him as a client so there was something. There may be recordings & notes Mr. Hannity, so be careful. Not everything is covered under client-attorney privilege.
3
If Hannity utters one word about Cohen from now on, without disclosing that he is a client, he should be banned from television forever.
45
in other words...in judge speak...
"trump, you're not the boss, applesauce."
27
Cohen's attorney is just as incompetent as his client. As a practicing attorney, I would never, nor would any competent attorney, shout out the name of a client in open court, especially when that client has told the attorney to appeal any decision about being outed. The judge invited him to write it on a piece of paper, which if she then publicized it, there may be grounds for an appeal. His falling to his knees yesterday and shouting out the name, tells me that the representation Cohen has will compete for Incompetent Lawyer of the Year, with Trump's representatives coming in a close second.
26
Three cheers to that. Incompetence is not an excuse.
2
This is a great comeuppance for Trump and Cohen, who seem to believe they can do whatever they wish without compunction.
No other person subject to a search warrant would get to pick through possible evidence before prosecutors did so. Neither should they.
44
Absolutely. I can’t even believe some kind of halfway house is being considered.The judge should just say ‘no’. If this was Joe Schmo we wouldn’t even be discussing it.
2
I guess I am a real pessimist. How can one not be after the last two years? Cohen and cohorts will get the documents, shred them and that will be that. Once more Trump escapes.
10
The judge is not giving them the originals. They will be copied so Cohen can review what was taken.
1
copies, Phyllis, copies.
1
Andy Borowitz reported in the New Yorker that Sean forgot Michael Cohen was his lawyer. Sean told me he is just practicing saying, "I don't recall," when he is on trial for whatever he is trying to hide if he can remember what that is.
13
You do realize that Andy Borowitz is a satirist.
1
It's President Trump to you, Mr. Benjamin Weiser! I am pretty sure the American people elected him. It is so painfully obvious that the left has lost important journalistic standards such as respect for their subjects. Get it back.
6
If you read the article you will see he was referred to as "President Trump" in the first paragraph, and Mr. Trump thereafter. Not sure what your comment is about?
5
Pretty sure he was elected by the electoral college not by the peoples’ vote which was not his popular vote.
5
When Trump routinely uses juvenile, playground nicknames for anyone who disagrees with him, why on earth should he be granted any title whatsoever? Newspaper articles always refer to Clinton, Trump, Kennedy, etc.
And you're only "pretty sure" the American people elected him?
3
I think Mr. Comey is available as the independent lawyer? Maybe he could redeem himself.
1
If Judge Kimba Wood chooses to appoint a neutral or Special Master to review this attorney-client privilege matter to ensure there is due process for Donald Trump’s attorney, Michael Cohen, it is certainly her prerogative to do so.
But let's be clear here: if the Special Master believes the documents seized do not violate attorney-client privilege, please be assured Donald Trump will scream even louder that the Special Master was "unfair."
What we have learned about the occupant in the White House is that whenever something does not go his way, it is "unfair."
43
Exactly right. Either SDNY is unimpeachable, or it’s not. If the judge insists on this non-legal “appearance” standard, there are at least 300 million opinions on her choice for Special Master. Nuts.
Is Sean Hannity really a bona fide client of Mr. Cohen? He denies retaining Mr. Cohen as an attorney, says he has never payed Cohen legal fees, nor ever discussed a matter in which there was a third party. If Mr. Hannity is telling the truth, then Mr. Cohen has lied in Federal court. Is it possible, even likely, that Mr. Cohen suddenly threw out the Hannity name because he did not want to reveal his actual client? Again, either Hannity or Cohen is not being truthful. Mr. Hannity will undoubtedly be questioned by attorneys for Fox News. His job will be affected if he lies to the Fox executives. Mr. Cohen could be in great danger if he lied to a Federal judge, no matter the significance of the lie. Does anyone have a sword for him to fall on?
21
@Lee - It was Hannity who asked that his name not be used by Cohen. So Hannity knows that Cohen is his lawyer -- maybe he's worried that there's evidence of some less than legal "real estate" issues.
1
To protect the record but get this case moving it would seem reasonable:
1. To provide the defense with a copy of everything seized -- they will eventually see it if charges are filed.
2. Set a deadline for the parties to confer and produce a list of what hey agree on and what they disagree on.
3. Have the disagreements submitted to the Court for resolution and not a special master -- unless the Court is confident that a special master will get he job done quickly. It appears the judge is leaning towards a special master.
Usually the defense does not see what might be evidence until after the defendant is charged. The judge is being very cautious. That may frustrate the prosecution but what they lose in time should be made up with the assurance that a court has determined that what they want to use is not blocked by the attorney-client privilege.
I was pleased with the judge noting that the prosecutions integrity is beyond question.
Looks like the lawyers and judge are doing their jobs. We will all now have something to celebrate on May 1, Law Day.
16
Judge Wood is a highly respected and accomplished jurist; nevertheless one wonders wether she’s accorded Trump and Cohen special treatment.
It’s the understanding of many that while it’s unusual for an attorney to be served with a search warrant, it’s not too unique that procedures are not in place to address protecting attorney-client privilege. Separate from the investigatory, prosecutorial arm of the federal authorities, a separate group of lawyers first reviews the fruits of the search to excise any matters seized that are protected under the privilege. The judge in this instance apparently is either straying from or considering straying from this established procedure by considering appointing a master and or given Trump and Cohen’s counsel the opportunity to participate in the review process. This after she characterized the US Southern District as having unimpeachable integrity. Why depart from established, proven protocol? Because a named party is the President?
37
Judge Wood should appoint a special master solely out of the need to make this look as if it was done with completely clean hands, no conflict of interest. If a special team at the US atty's office reviewed the materials, t and company would besmirch them, the office, the DOJ, etc saying he wasn't getting a fair shake. So let it be a neutral arbiter. Judge Wood will be besmirched anyhow (what is her background? I'm sure t will come up with something inaccurate, given her unusual first name). Although it may seem she is bending over backward for t and cohen, she would be protecting herself, the DOJ, the rule of law and any integrity we can salvage for our justice system.
2
Not because the party is the president, but because confidence in the judicial system depends on fairness as well as the appearance of fairness. Our political system is so riven with partisanship that even the president's supporters must have no room to argue that he was treated unfairly. Many will anyway, but the judge is doing what she can to minimize any damage to public confidence in the courts.
One wonders if this "highly respected" jurist will recuse herself if the issue of amoral/immoral behavior arises in the purloined documents. The "love judge" would seem to have some history that could cloud her judgement.
When an attorney and his client are beng investigated for conspiring in a crime,
in what wacky world would a judge hand over the evidence to the client who is under suspicion?
33
This is different from the situation where a criminal investigation may have collected evidence from, for example, a crime scene. Instead this is Cohen's own documents and data and the Judge is allowing him to see what of his own material was taken. Besides, if prosecuted, then certain material will be furnished to defendant at that time.
They should keep all that stuff away from tRump. Cohen knows what's in there. He knows it's dangerous. Just let the "taint team" take a look, then proceed to reveal it all to the public. We have a right to know. There is no "attorney client privilege," in this case, since most of Cohen's efforts have not been related to legal issues, just breaking the law, and trying to get away with it. " Lordy, let there be tapes."
60
I am curious about the way you cover the judge, the Hon. Kimba Wood. In an earlier piece, she was reported as being "upset" that Cohen was not present at Friday's hearing, and in today's piece, she is described as "feeling her way" to a decision. I wonder: would these terms have been used if the judge had been male? The first seems like it is telegraphing emotional weakness, and the second makes it seem as if she is not sure of what she is doing. I would think that it is more likely a man would have been described as "stern" about Cohen's non-appearance, and "cautious in his approach" to a ruling, neither of which imply weakness. I think we all need to be very careful about how silent bias can creep into our speech, undermining women in power by use of weak descriptors, rather than strong ones. Just an observation.
191
kimba wood, connecticut college '64, has been strong and sure all her career and doesn't need this victimization trope.
s.c., connecticut college '65
5
Excellent observations. Thank you. This should be a Times pick.
23
Great point!
15
Michael Cohen will make a great attorney general
12
And he could Skype or FaceTime in for meetings and interviews from whichever jail they send him too. The whole cabinet will be with him eventually. They'll start a gang called the West Wingers and go up against the smaller, yet still plucky Left Wingers but will eventually join forces to fight MS13.
In reply to John Murray Midland Park NJ
Please substitute “playmate” for “playboy”.
4
Stormy Daniels should go home , raise the little girl she is so concerned about, remove herself from this ridiculous circus in which she was originally a willing partner as she sought to advance her career through a one-night liaison with the current president. She is allowing herself to be used by the media, her attorney and others in society who despise Mr. Trump. Whatever the findings on Cohen, they will evolve. Stormy, you are an attractive, young woman with a lifetime ahead of you. Leave this circus to the clowns who want to perpetuate it.
9
At the end of the day, we will owe Stormy Daniels a debt of gratitude for doing what none of the craven cowards in the U.S. Congress would do.....she is bringing Trump to account, and perhaps ridding us of this monstrous malignancy of the body politic.
61
Anyone with the spine to stand up to Trump for his sociopathic swashbuckling deserves our support and approval.
47
Stormy, as anyone, has a right to be in the gallery of a legal proceeding, unless the Judge bars it. That she may be doing this for publicity is her right. You may disagree, but no one asks you to pay attention to her.
2
There's a striking contract between Hillary Clinton and Donald Trump. When Hillary was investigated for compromising national security, she was asked to voluntarily provide information, repeatedly because she kept withholding information. With Donald Trump being investigated for money paid to a porn star and Playboy Bunny, his attorneys office is raided. With Clinton, the presumption was innocence and with Trump the presumption is guilt.
7
there is no equivalence here. clinton complied voluntarily. the nyc da thought cohen would destroy the evidence if he were forewarned. and the process for getting a warrant to search a lawyer's office is so rigorous he's practically indicted already
34
Secretary Clinton complied by turning the server over to her attorneys (who lacked the necessary clearance) to vet the emails on the server, then turned over to the Feds less than half of the emails, then ran the program bleach bit on the rest of the server. In other words, unlike President Trump, her people got to see the work product first, chose what would be revealed, and destroyed the rest.
8
And that is why Trump supporter and National security adviser Michael Flynn was inciting a crowd to chant, "Lock her up..."
Until he received his very own felony conviction.
Strange logic indeed.
10
Not only did Broidy pay off a Playboy bunny to the tune of $1.6M, she "became pregnant from the affair and elected to have an ABORTION." --AP
Can't say Trump didn't know about that! So, where's the outrage from the Evangelicals? The faithful followers might well ask, "Why didn't Trump stop it?"
59
It is likely that the president has paid for abortions himself, considering he has unprotected sex- germaphobe or not.
2
Maybe we'll find out how many abortions Trump has paid for over the years? I betcha more than one!
1
Guilt by association
If she drowns she’s a witch, if she lives she is innocent. so hold her under.
An investigation in search of a crime
Eradication of attorney client privacy
DWC (Driving while conservative)
All the hallmarks of a great constitutional justice.
American should feel so proud of our fine system.
2
The very fact that a sitting President can be investigated for potential crimes is proof that the system works. Our President is the insecure class clown forever jealous of the college bound book worms. People love him because he represents what so many Americans desire, fame and fortune without any real expertise or desire to work.
29
Right on
Beautifully stated. He's the political Kardashian. Famous for doing nothing.
4
Has the cover-up already begun?
5
President Trump and his lawyers are going to keep this issue tied up in the courts for months, if not years. That’s what good lawyers do. Has the FBI even seen any of the documents they seized? How long will it take? Will the playboy judge side with the pornstar?
3
What good lawyers? No decent law firm wants to work for Trump; they're all turning him down. This is the beginning of the end for him. Cohen will turn on Trump to save himself.
20
Trump doesn't have good lawyers. Good lawyers won't touch him with a ten-foot pole.
17
He doesn’t seem to have good attorneys...so maybe won’t take so long.
1
Let the prosecutors do their job. If they improperly secure evidence it will be inadmissible at trial. Why should a court be so involved with the prosecutors performing their lawful duty?
PROSECUTE RUSSIAGATE!
19
Cohen blundered his way through the entire process so far, he was tripped up yesterday and fell into several traps.
Cohen and Trump should seriously consider reaching out to a top criminal law firm, a firm that can throw a couple dozen attorneys on the case immediately.
But just like all the white shoe law firms that want nothing to do with defending Trump in the Mueller probe, certainly the best criminal attorneys want nothing to do with these guys.
23
When is a lawyer actually someones "real" lawyer. Hiding behind an individual who happens to hold a law degree and is a member of a Bar who performs questionable deeds on your known or unknown behalf may not be considered a legal advisor. Trump hides behind such individuals to benefit from client privilege....at some point that privilege should be put into question. "The one who holds the bag is as guilty as the one who fills the bag".
33
My first thought, 'Cohen only has three clients'?
My second thought, 'and to think that Trump finds himself being exposed along with his friends because of his desire to 'show up' Barack Obama'.
24
My reaction also. Also, what's his specialty? Facilitating payment of hush money?
2
I'm disappointed that Mueller didn't have a plan in place for dealing with this predictable clash. Of course, the mafia don wants to control the documents. Then he and Cohen can assure that the evidence is shredded. Mueller should have had an agreement with the judge who awarded the warrants.
2
Excuse me, Rocketscientist, but this is not Mr. Mueller's case. It is being handled by the Southern District of NY, a (relatively independent) branch of the Justice Department. So it is a discussion between those people and the court. Has nothing to do with Mr. Mueller.
11
It's not Mueller's call, it is the responsibility of Interim United States Attorney Berman for Southern NY district.
3
Mueller has nothing to do with this investigation.
It's a state of New York investigation, not Muellers.
18
Trump has always sought daily coverage by the NY Times and in a 'be careful what you wish for' moment come true -he has it. While he may have dreamed of coverage of his stellar business skills, what he's gotten instead is fact based coverage the federal criminal investigation of the legitimacy of his office.
Schadenfreude on steroids. Popcorn please!
35
You’re wrong - just decided he CAN review - right decision.
3
Treasonous plot continues now with the help of politically left Judge. "I trust the prosecutors". And we ll thought the United States of America would last longer than this! How simple and unprepared were our country's founders after all
2
@Charles S: You never stop to consider that just because you personally don't like a judge's decision, it is still nevertheless a reflection of what the law really says, not what you wish the law would say?
10
Please post your facts to show that your claim of a "treasonous plot" exists.
10
How is she "politically left"? I thought she was a Reagan appointee? And the prosecutors are operating under a Republican president.
1
This is bad news for Fox News the Enterprise as it is for Trump Enterprises, Donald Trump the President, and Cohen, and Hannity. Why? They are all in it together. They are all indistinguishable from one another.
Fox News has had a long history in the field as a political propagandist going back to the election of Margret Thacker in UK.
The documents and recording the White House is desperately trying to hide will show direct communications between Mr. Trump the candidate, and President Trump the obstructor in chief, Mr. Hannity, and Cohen. It is Mr. Hannity whose job it is to be the conduit of information and misinformation between the White House, Fox News and even possibly the RussiansI and pass it along to misinform and manipulate the viewers. They are hiding in plain sight.
Then there is Michael Cohen whose job it is to be the spoke of the wheel distributing the information that needed to move around surreptitiously amongst all the interested parties.
Now it has become clear why Muller hired lawyers with experience prosecuting Mafia crimes. The next move will be to see if Michael Cohen will flip on the president as others have.
22
Fox News has a long history of settlements over sexual indiscretions.
4
It seems clear that Trump will bring down the government before he admits to any wrongdoing.
Hang in there, Mueller.
Hang in there.
Please.
29
Mr. Mueller's clear mandate (the real one!) to harm President Trump, to remove him if possible, has gone on enough. How many of us could withstand such scrutiny? I hope President Trump fires him and puts to rest all of this digging and digging hoping to find something, anything, that will taint the President.
2
Wait are you saying that most of us couldn't withstand an investigation by the FBI? Would you really not want to know if Trump has been involved in illegal activity?
16
Mr. Muller should take as long and carry as many investigations into trump as the Benghazi hearings did. How is that for fair and balanced?
13
Len, you are mistaken. This case concerning M. Cohen is not connected to Mr. Mueller. It is under the Justice Dept.'s Southern District of NY. Two completely different things. Mr. Mueller found evidence related to Cohen, passed it along to the Justice Dept and they decided to follow up on it. Second, said "I hope Trump fires him". The president does not have the authority to fire Mr. Mueller, by law only the acting AG can do that.
3
Remember Nixon’s “missing” 18 minutes? I wonder what equivalent Trump could cook up if he were given access to these materials??!
14
Judge Woods says, "I have faith in the Southern District U.S. attorney's office that their integrity is unimpeachable." What I sense is she is certain, as we all are, that neither Cohen nor trump has even one iota of unimpeachable integrity. She is also making it very difficult for trump to attack her alone by suggesting a special master and a taint team. Seems she is covering as many bases as possible in order to take the wind out of trumps twitter sails.
35
Yesterday's court room events shine an even clearer light on the criminal nature of Trump's family and administration. Indictments and jail time coming up.
27
Don't understand position of sharing documents with Trump.....would that apply to me if I were in those circumstances? I suspect not. Then why special treatment for Trump? There is no national security issue in this case; just whether or not Michael is a felon.
28
He can only get documents that pertain to him in the attorney client context as that is what the privilege applies to and can only be invoked by the client. Trump will not be getting documents that do not pertain to any arguable communications he had with Cohen. Moreover, other documents, such as bank records, are not subject to privilege as they are not "communications."
1
The game was up for Cohen the minute Trump yelled out publicly that he knew nothing about the payment to Stormy. This put Cohen "under the bus", so to speak. As a result, the New York folks were given the opportunity to look into Cohen's dealing with the payment as a possible crime relating to our election laws at a minimum, thus the raid on Cohen's records. Woe to Trump on opening his mouth publicly.
29
The real fear is the NYC prosecutors not Feds will nab him. Then he can be out of reach of a pardon. Then he will sing.
18
Not yet. These prosecutors are Feds.
One wonders how much tax has gone unpaid on all the hush money Cohen has distributed over the years.
17
Since when does a defendant, or in this case a person under investigation, get to review evidence and decide what prosecutors can use? That Trump's lawyers would even suggest this action shows the level of contempt he and they have for the legal system. Trump obviously believes he is entitled to privileges that no one else has. Thank goodness Judge Wood is more interested in the rule of law than in appeasing our would-be King.
56
The attorney-client privilege, which is a bedrock of our adversarial judicial system, gives them that right.
Are you comfortable with the idea that some third party could get your confidential records?
Are you comfortable with the idea that the government can get your confidential records? Would you have consulted with an attorney if you knew the government could get your confidential records?
An independent judiciary and the sacrosanctity of the confidential relationship are bastions of our ordered liberty.
6
Since their name is Hillary Clinton. She has her own personal constitution.
1
Of course, there is the crime-fraud exception that goes back centuries. I imagine you missed that.
8
If I were advising this judge I would suggest Patrick Fitzgerald the former US Attorney for Illinois to be the special Counsel overseeing the material taken from Cohen's possession. His past experience prosecuting high profile Democrats and businessmen will satisfy all but Trump's immediate legal team who are scared of an honest prosecutor.
18
When Trump is eventually given the opportunity to review the seized materials it might be the first things he reads in years.
40
...and since they are about him, they will hold his interest.
8
As with the onset of dementia, as the ideology of the right-wing becomes more and more extreme, the more "partisan" truth and reality will seem to them.
Soon, 2+2=4 will seem like a "conspiracy".
21
Only three clients in the last few years. How does an attorney make enough money from just three clients? Just a simple question.
42
Three reported clients.
Reminded me of the sponsor protest against Laura Ingraham. There was a target list of 12 sponsors but nobody was reporting there were over 150 sponsors for her show.
4
He owns a taxi company.
My wife told me Cohen got $500,000 for his work on the $1.6 million deal for Broidy. So yeah — I guess some lawyers *can* get by with 3 clients.
8
The article say Stormy Daniels “accused Mr. Cohen of paying her $130,000 to keep silent” but we know of the non-disclosure agreement because Cohen filed a lawsuit against Daniels for violating terms of the agreement. The article doesn’t explain why the FBI is interested in a consensual sexual tryst that occurred more than 10 years ago. The Federal Election Commission will determine if the hush money constitutes an unreported or illegal campaign donation. In investigating Trump’s consensual sexual affairs, the FBI appears to be conducting opposition research for the Democratic Party.
10
The fact that the payoff occurred immediately before the election, and that Mr. Cohen, a hard-nosed lawyer, took out an equity loan to raise the funds seemingly out of the goodness of his heart doesn't trouble you? That's odd.
1
Just like Ken Starr did, for the GOP.
7
Has it ever occurred to you that the source of the money — and whether that source needed to be kept secret, triggering financial misrepresentations that constitute bank fraud — could be a vastly more important crime than violating FEC contribution laws?
14
Interesting how this horrendous rat's nest of a problem distracts from many issues and decisions our federal government is making and needs to make. This type of chaos management or shock politics is a well documented way to distract from decisions being while we are consumed with the constant distraction. What about Kushners downgrade of clearance for example. I'm worried for our country.
28
The reason you need to be worried for America is all branches of the bankrupt U.S. government are run and dominated by lawyers which is known as the U.S. legal caste. Late American newspaper publisher Edward W. Scripps wrote "If there is such a thing as true freedom and democracy then the road to that goal lies over and through the ruin and annihilation of the legal caste." When some say U.S. has a government of the people, by the people and for the people isn't that a big joke? How about the U.S. has a government of the lawyers, by the lawyers and for the lawyers?
2
US government is run by the rule of law. It takes knowledge and education to be able to understand and interpret these laws. Hence, lawyers who have been to law school. Political science majors. Wouldn't you want your heart surgeon to have been to medical school, with a few years of surgical practice after that, before he operates on you? Yes, it is possible for anyone to get elected. But they better know how to read, analyze, and interpret legalese, and know a tad bit about how this government works, before they get to office.
6
Not to worry Mr. President. Michael would never, ever, even think for a brief, tiny, moment, to strike a deal with prosecutors. He’s you best friend and a trusted lawyer.
Now here’s your espresso with lots and lots of sugar. Now relax and watch your Fox & Friends. I’ll close the door so no one disturbs you.
Thanks Sarah.
Now where did I put my little Tweeter?
38
Another Trump enabler will also bit the dust. Mr. Hannity another sleaze. Cohen had a very limited client base the type of which he and he alone could handle. His services included fraud, money laundering; graft; payoffs; extortion etc. He deserves all he will get. If I were Cohen I would take up some very intense courses of various forms of self defense. He will need them, no one in prison will ever mistake Cohen for Steven Segal.
7
Trump is simply beyond sleaze. If I didn't have to live with the consequences caused by this odious man, it would make for a very interesting cautionary tale or history lesson. As it stands, I'm far too frightened to enjoy our presidential reality freak show.
55
The spectacle outside the courthouse brought back memories of the John Gotti days, but Gotti dressed nicer and didn't have porn stars hanging around...
38
Yes, she is a porn star, but it is a legal profession and she is not on trial....
4
It has been said before but needs repetition; As a public servant, the people have a right to know whether their President is a crook. And Cohen's records will put that doubt to the test.
41
So the FBI should raise the attorneys for every member of congress, because they're all crooks.
4
The government can't just seize records to find out "whether somebody is a crook." Warrants have to issue on "probable cause," meaning facts showing a likelihood that a crime has been committed and that the material to be seized contains evidence of a crime.
No one has stated what crime is alleged to have occurred here.
7
Here's one: bank fraud. If Cohen lied to a bank to get a loan for $130,000 to pay off Stormy Daniels, that is a felony offense.
5
When Pence pardons Trump will he be impeached for obstruction of justice?
21
Pence is another Spiro Agnew.
8
Pence? Obstruction of justice? How about co-conspirator, along with the rest of the gaggle including all the Republican Congressmen and Senators who aided and abetted this carnival we call "governing?."
17
Pence will be unable to make State charges go away. And New York seems to be hard on his trail.
12
45 years ago Richard Nixon's personal lawyer, Herbert W. Kalmback, was in federal prison.
35
Here we have a judge whose career was truncated because she was found to have neglected to pay a tax sitting in judgment of the fixer of a president who never even had to divulge his tax returns to get the job.
Maybe Trump's lawyers have an opening to force her to recuse herself.
4
Why? This has nothing to do with trumps taxes.
6
Using the word "truncated," which mean "cut short," is distorted to the point of dishonesty. Wood, a Federal district judge, withdrew her nomination to be Bill Clinton's first AG and has somehow remained a Federal judge ever since, a highly distinguished and respected one.
As soon as we heard the Judge's name, it was predicted that Trump and his various mouthpieces would start looking for "dirt" to attack her with. This is the Trump playbook (attack everyone ad nauseum) and he never fails to use it. Where'd you get this stuff, Steve, Fox? And this is all you've got, right? You actually like your chances better with another Federal judge if you successfully slime this one? Pathetic.
17
Actually, she did pay the tax, but she did hire an illegal immigrant. So it showed that, when it serves her, she did have some disrespect for the law in that she was helping someone else break the law.
After all, yrars ago when the Clinton staff were allowed to review papers taken for investigation there was the famous "stuff some of them down the pants" routine to get them out of the hands if investigators. I wonder what was in those documents.
See how people learn.
4
""stuff some of them down the pants" Are you having a flashback to Fawn Hall and Iran Contra under Reagan? Those folks were all Republicans. Get your story straight.
2
No worries. Trump will pardon all of his minions in due time.
6
He can only pardon for Federal crimes.
10
Trump, Broidy, Hannity, and Cohen, what do they have in common? All should be wearing orange prison jumpsuits instead of suits. Just look at this mess, one guy Trump, has this attorney from a misfit law school who doesn't do any legal work for him, except pay out people to keep quiet of Trump's immoral behavior with them. Broidy, another fine character pays out over a million dollars in hush money to...you guess it, Cohen to silence a women impregnated by Broidy. Hannity, such a distinguished cartoon journalist goes to misfit Cohen for "informal legal advice" on real estate when he is clueless on real estate law or for that matter, any kind of law. Expect some kind of hush money soon to come there too. And Cohen, a man with a law degree from the bottom of the pits law school, Cooney with only three so-called clients wants to squash all this "client-attorney" documents and items seized because it is "privileged". Cohen is nothing but a bag man used to shield his "clients". Bunch of characters normally found in a bad mob movie. You really can't make this up, give them credit, not even Hollywood comes up with such insanity.
39
What crime are you alleging?
So when will Sean Hannity be charged with obstruction of justice?
19
Obstruction? By doing what? Being conservative? Thats a crime punishable by death or reconditioning camp huh?
1
The news reporting on the judge's ruling is very confusing. Yesterday, CNN reported that Cohen's and Trump's team would review materials, while NYT said prosecutors would get first look. Nothing was reported in any other sources I checked. Today, your story shifts. I realize the judge is still undecided on various rulings but I think the NYT needs to issue a correction of some kind to give a clearer explanation of what is going on.
7
I’m glad someone else noticed this sharp contradiction. Seems to me the judge’s initial instinct was to protect all documents from any potential tampering by defendants’ legal posse. Looks like “something” may have changed her position. Our legal system at work for the rich and powerful.
3
I am reading into the various reports that the Judge agreed that Cohen can get and review a copy of material taken from him, alternatively, the materials will be in the courthouse (or other protected place) under guard and Cohen and his lawyers can review them for attorney -client privilege materials. She also said that the prosecutors should also be reviewing the materials for potential attorney client privilege material at the same time so it doesn't appear that Cohen is being given a chance to destroy evidence.
1
KImba Wood is a fine judge and highly respected. It's fortuitous that this case landed in her court. She'll do the right thing. It's no surprise she's leaning towards appointing a special master. Under the fraught circumstances of this case, appointment of a special master would ensure the greatest perception of fairness (which won't, or course, stop the psychopath in chief from sliming both special master and judge with his increasingly desperate and hysterical tweets). But the most telling aspect of today's court session is what happened afterward. Take a look at Michael Cohen's face in the photo which accompanies this article, taken as he was leaving the courthouse. Have you ever seen a more defeated look? Next to the dictionary definition of "My Goose is Cooked" will now appear this photo.
27
When does Trump and his cronies start doing time?
6
Who needs a fixer?
Do most people reading here require a fixer to smooth over their everyday business dealings? Hide relationships? Threaten?
Who isn't married to a Ukrainian? Knows a few Russian billionaires? Hangs out with a convicted mobster known to have Kremlin connections?
And wouldn't we all borrow money on our homes to make our boss's problem go away?
Geez, doesn't everyone record all their phone calls? Those tapes are all personal!
Judge Wood seems very well grounded in both the law and reality.The same laws, rules and regulations apply here, as in any court case.
POTUS is not above the law. Attorney privilege doesn't shield crimes.
Trump is not special. Cohen is not special
And very likely, both are not innocent.
21
Hmmm.....
"“My attorney and I,” she (Ms Clifford) added, “are committed to making sure that everyone finds out the truth.”"
The trouble Trump's adversaries have always had is they've never understood how far he would go to protect himself. They presumed, and still do, he has some modicum of morals and ethics. He doesn't. This has always been their flaw and failure in pursuing him.
It is said that in order to catch a thief and miscreant it takes a thief. Trump's biggest error may very well be in having underestimated the angry power of an intelligent woman in a dubious profession who is well verse in him, all of his ilk and the Universe they have both inhabited.
She and her attack dog legal team are now setting up to strip him of the opaqueness that Universe has kept him cloaked within. I'll bet he's more twitchy now than he has ever been before. Someone is coming at him who truly sees him, with zero illusions, for what he is and is more that up to being as merciless with him as he has been with others. This is Shakespearean, isn't it?
John~
American Net'Zen
18
I eagerly anticipate what HBO will do with this administration once they cease to pollute the WH.
5
If it's Shakespearean Trump is Constable Dogberry.
What seems Shakespearean to me is that the judge is named Kimba Wood. Kimba means “brush fire.”
Brush fire wood is deciding the case which ultimately resulted from our President’s illicit affair with a porn star. If this is what finally brings the thug down to his knees, we can be assured that Karma has awoken from her coma.
4
As a boy growing up during The Great Depression, my father and his friends would play "Corner the Rat" with the vermin in the alleyways. The rat would desperately lash out in a last desperate attempt at self-preservation. See where I'm going here?
12
Rats help to advance medical research. Trump is anti-science. I think your comparison is defamatory to rats.
1
He's sued the US 134 times since his inauguration. That's a record number of lawsuits by a president. This won't be the last. Get him out of office before he gets his claws into the judiciary system to remake it in his own corrupt image.
16
Sorry friend. Mitch McConnell has been packing the Federal courts as fast as is conceivably possible just in case the game changes in November.
3
Trump's judicial appointments already number in the dozens.
2
Mitch McConnell hands trump a list of candidates and trump goes through the formality of submitting the nomination. In return Mitch promises to let dondon spend as much time as he wants at his personal businesses and send all the bills to We The Taxpayer. Why is trump hosting the Prime Minister of Japan at Mar A Lago this week? Why is he not at the White House?
What strikes me the prosecutors say this is about Mr. Cohen as a businessman yet Trump is scared to death. Gee.
5
With Hannity in the mix, the circle of corruption is now complete; Fox News's blaring trumpets of praise for the president are just another piece in the Trumpian band of corrupt musicians playing "Hail to the Thief."
9
Hmm, “Kimba Wood” doesn’t sound even remotely Hispanic. What will Trump blame this legal decision against him on?
6
Trump might claim that Kimba Wood is bitter over the derailment of her Supreme Court nomination by the revelation that she had failed to pay a tax.
2
Steve, you've got it wrong again, actually double wrong.
Wood was nominated for AG, not the Supreme Court (where do you get this stuff?), it was 25 years ago, she had PAID the tax, to her illegal immigrant nanny, whom it was not illegal at the time for Wood to employ, and her nomination was pulled because of politics. There is no reason to think she would have any reason for bitterness at being relegated to a career as a Federal judge.
8
Won't work, Steve. That episode was a quarter of a century ago.
3
Interesting choice of language in describing Stormy Daniels. Did she really sweep? Did she really hop? Or did she stride? Did she simply get into the SUV?
11
This is preposterous. Trump is an American citizen. So am I. Would my lawyer get first crack at the prosecution's case and background information? Of course not. Keep it under wraps, Your Honor.
14
Trump, a man who appears to have no shame, is terrified. What will be uncovered in these documents? There are stories of extreme sexual pathology connected to the present POTUS. His fear indicates there may be some truth to the stories.
10
How could Trump be paying Cohen for his garbageman services? Maybe by selling Trump apartments at a heavily discounted price? Then there are no invoices, no money trails, just apparently arms length transactions.
What happens if evidence of potentially another crime, not covered under the search warrant, is uncovered by the independent review team? Does this evidence go to the prosecutors as well?
3
You bet!
3
Come on! Stand up to him. It's only our democracy at stake.
8
Hopefully this hastens the inevitable end of this mess.
10
So, the reason that Trump conducts himself like a mob boss is because he is a mob boss.
18
Trump more and more looks like an anti-democratic virus injected into a democracy. A big part of population has already been infected, but what does the immune system do ??
13
I'm thinking about a sequel for the Breaking Bad spin-off "Better Call Saul." Something like "Gotta Like Mike"...
4
@ William "There is only one branch of the government that has honored the principles of democracy." You're talking about the same judiciary that upheld Citizens United???
6
“...their integrity is unimpeachable..” it good that the judge has a sense of humor. Of course she c/would never say that about Mr. Cohen and his clients.
7
Requesting first crack at the documents slows the investigation, which is tantamount to obstruction of justice. I am sick of this administration and the feckless members of Congress. The year 2020 cannot come soon enough.
14
Recently my sister-in-law told me her adult, single daughter for the first time was following politics. The daughter's statement was this is the best reality show ever.
7
Welcome to the "mad, mad, chaotic world of Donald Trump and his "fixer" Michael Cohen. The Trump base will shout and scream at the judge (appointed by Reagan I believe), listen vapidly to the dribble Hannity will state and then rephrase, listen to falsehoods from the rest of Fox (entertainment) News but when it is all said and done, Trump cannot fire, reappoint, or lie his way out of this horrendous mess. We are speaking of the president of the United States who is trying to destroy and manipulate the justice system in our country. Is this what our country has come too?
17
Kimba Wood was the Supreme Court nominee whose failure to pay "nanny tax" precluded confirmation.
3
Steve -- you keep posting these lies. She didn't fail to pay the nanny tax. She was nominated for AG and withdrew because her nanny was an illegal immigrant; it was not illegal at the time to employ an illegal immigrant, Wood broke no law, but it still became a political hot potato. Get your facts straight. You, and wherever you're getting these lies from, are committing defamation.
9
@Steve Bolger
Supreme Court nominee? Bill Clinton's second choice for DOJ on the recommendation of Hillary who wanted a woman in the post. It turned out that like the first pick, Zoe Baird, Wood had illegals in her employ. We ended up with Janet Reno.
3
It’s really quite perplexing to me.....Why do all these innocent people act so guilty?
16
Read the article see where the lawyer judge wants to appoint another lawyer. In America its lawyers, lawyers and all branches of U.S. government are run and dominated by lawyers which is known as the U.S. legal caste. Late American newspaper publisher Edward W. Scripps wrote "If there is such a thing as true freedom and democracy then the road to that goal lies over and through the ruin and annihilation of the legal caste." As Americans will surely get tired eventually of the legal caste running the bankrupt U.S. government when that time comes hopefully America will have a diversified government of responsible people who will care about the budget and not running over small foreign countries like Iraq and Vietnam, etc.
1
Reposting your comment won't make it persuasive.
The Hannity revelation is icing on what has already been a deliciously decadent cake.
I don't watch FOX "News" but would right now solely to see how he tries to extricate himself from this hot mess.
5
People who watch FOX definitely do not care one little bit about this. It's not like they seek out actual journalism.
4
Just love the drama. Almost as good as what the president himself creates!
2
Maybe a special prosecutor lurking in the wings to expose the fact that our president is a lying crook is a good thing. But Dems didn't think it was when Ken Starr spent years doing it. And while I hate Trump, I think the procedure in which he is reined in is important if for no other reason that it have an appearance of legitimacy in the eyes of at least a portion of the pro-Trump citizenry. I find it troubling that Mueller in investigating Russian election meddling now lead to an evidence dump to a completely new set of potential prosecutors for a bunch of crimes completely unrelated to the election. And I'm sure the crimes in Cohen's files are serious, almost certainly even more serious than the Russian collaboration. But where I get lost is tracing the evidence of probable cause that leads to the SDNY raid. It seems to me a murky morass that lends credence to Trump's claims of witch hunt. So far as I know there is no law preventing a criminal from being elected president. In the case of previous impeachments the basis was for conduct as president which I think is an important distinction even tho it probably doesn't have a basis in the Constitution.
That is the reason the matter was referred to the NY office to handle - it wasn't central to the special prosecutor's investigation. That's been clearly explained.
6
Why should Judge Wood even consider appointing a Special Master? Would she make the same decision if the case wasn't involving the president?
i have a feeling that Trump and his corrupt cronies will bribe and compromise the independent lawyer. The judge should've allowed the DOJ special team to review the materials, period.
I am not quite impressed with her decision and i doubt she will exercise her judicial independence in making the right decision and not giving into Trump's bullies.
Sad days in America.
3
Judge Wood has expressed great faith in the "integrity" (her word) of law enforcement operatives in the Southern District of New York.
This in regard to their actions in regard to search warrants.
Readers should look at the 2017 NYT articles in regard to the search warrant in the fraud case against Benjamin Wey.
At least 3 of these NYT articles may be easily found through Google.
In the Wey case Judge Nathan, also a Southern District judge as is Judge Wood, threw out all the evidence seized pursuant to a search warrant.
As a result the prosecution decided to dismiss all charges in the Wey indictment.
In a clear and easily readable opinion Judge Nathan pointed out the many flaws in how the warrant was obtained.
And flaws in how it was implemented.
In her opinion Judge Nathan also presents an easy to read analysis of the law in regard to search warrants in the 2nd Circuit, the appellate court that oversees the Southern District.
Judge Nathan's opinion may easily be found through Google.
Simply type in Southern District Court. Opinion in US v Benjamin Wey.
This not to say that the Wey opinion will control Judge Wood's actions in the Cohen case.
But she certainly would be expected take some account of Judge Nathan's ideas about the applicable law in the 2nd Circuit.
And readers will find the NYT articles about Wey relevant and accessible
As also Judge Nathan's opinion.
2
Judge Wood expressed faith in the integrity of SDNY US Attorney's office in the context of discussing the possible and apparently unprecedented step of appointing an independent special master to preserve the appearance of fairness. She was making clear this contemplated step should not be read to reflect any judgment about the prosecutors, just the particular circumstances of this case. Making an issue of her comment as you do here, Matthew, is bogus. It reminds me of Emily Littella -- to be fair, you owe readers here a heartfelt "never mind."
1
"Mr. Trump’s request to review the trove of materials ahead of prosecutors" I guess they never read what happened during Watergate hearings..
1
There's nothing going on here, folks. In violation of the Fourth Amendment, a politicized FBI mounts a fishing expedition on the offices and home of President Trump's lawyer, Michael Cohen. They take away ten boxes of evidence. In all probability these boxes contain perfectly legitimate legal papers. Guess what, Mr Cohen has had conversations with Sean Hannity. So what? Attorneys are legal professionals and have contacts with all kinds of people. All this fuss has been generated by unhappy liberal Democrats who nurse a personal dislike of President Trump. There is nothing going on here, except a fishing expedition by the FBI.
Then why didn't they want Hannity's name revealed?
2
Partisan spin and wishful thinking.
1
The FBI first had to convince a Federal Judge that a crime had been committed. There is nothing in the 4th Amendment that protects criminals from having the evidence of their felonies being seized.
This is a crime, "john murray" in the USA.
If Trump were innocent, he would be open to showing it. Legal maneuvering does nothing but conceal his misdeeds and bad judgment.
6
Opps!....correction in order to my comment.....
It was not Cohen who analognized Trump with a criminal organization but Comey....
1
Donald Trump has always had a love for slimy lawyers- his firstbeing the infamous Roy Cohn For author Sam Roberts, the essence of Cohn’s influence on Trump was the triad: “Roy was a master of situational immorality . . . . He worked with a three-dimensional strategy, which was: 1. Never settle, never surrender. 2. Counter-attack, counter-sue immediately. 3. No matter what happens, no matter how deeply into the muck you get, claim victory and never admit defeat.” As columnist Liz Smith once observed, “Donald lost his moral compass when he made an alliance with Roy Cohn.”
“All I can tell you is he’s been vicious to others in his protection of me,” Trump told me, as if to wave away a stench. “He’s a genius. He’s a lousy lawyer, but he’s a genius.”
As reported by Marie Brenner, in Vanity Fair, August, 2017
10
Commenting on NYT article - Hannity Is Revealed- I noted Judge Wood forced Cohen to breach his legally binding ethical duty not to identify his client.
In either ignorance or worse ordered this be done in open court- not in camera -without justification. Thus damaging Hannity (cf Google.)
And violating fundamental that a judge act with justice and wisdom.
Turning to another issue regarding Judge's competence and fairness:
She says she trusts the US District Attorney's "integrity" as "unimpeachable"
Wood should read recent NYT articles about abusive tactics that led Judge Nathen in Wood's own court to to throw out all evidence collected by US attorney***.
Because of massive abuses in obtaining and implementing a search warrant against Benjamin Wey.
(Judge Nathan's opinion is available online, readable, fact filled AND HORRIFYING.
And filled with relevant citations to the appellate court that oversees Wood)
-----
***eg 8/5/17 Securities Fraud Case Against Wey is Dismissed
6/16/17 FBI Botched Evidence Collection In Fraud Case [against Wey] Judge [Nathan] Rules
6/28/17 Mishandle a Fraud Search, And All That Fine Evidence Could Be Lost [Referring to Wey case].
---
Now as far as I know the warrants, search and wiretap, not yet available.
But there is more than enough evidence that whatever Cohen's alleged crimes this has been handled in a matter totally inconsistent with ethical and legal norms. Including obtaining a warrant without first asking for the info
Matthew, you are alone in your condemnation of the Judge and the proceedings. Not a single attorney interviews has sided with your position.
2
Irony of ironies, Trump will get to see his prosecutors build a "Chinese Wall" instead of getting to build a Mexican wall.
5
The photo says it all. Cohen looks like he's seen a ghost. Couldn't happen to a more deserving group.
9
When a porn star holds the moral edge over the president, you know you're in trouble.
16
Donald Trumps' arrogant, pompous thinking, tells him anyone he sees is stupid and maneuverable. Asking the Judge to let him see the seized Cohen files before Prosecutors? What a stupid man. And the Judge rightly refused.
6
Why does the government have more rights over your property than you?
Comrade Jon, files that have been seized due to a properly concluded warrant are given to the prosecution, not the defense. In due time, the defense will be shown the evidence. That is how our system works.
3
Michael Cohen has only two clients – both them are related to paying off hush money for extramarital affairs. Cohen is so busy running his taxi business and mopping Trump’s mess that he does not have time to change the name in NDA agreements for Trump and RNC fundraiser Elliot Broidy– both NDA agreements are with “Davis Dennison”. I am wondering if this guy (David Dennison) is same person having affairs with Stormy Daniels and impregnating the Playboy model. Maybe Elliot Broidy is also a Fixer for Trump.
Coming soon near you on Fox News, attack on Judge Kimba M Wood. Her whole life will be unfolded, starting from where she went to high school and what types part-time jobs she had during the student days.
8
They (Faux News) should spend that time digging into their boy, the so-called president.
Ah, the truth always wins. Judge Kimba Wood was hand picked by Hillary to be hubby's Attorney General. As reported by the NY Times in 1993 she had to withdraw her nomination because she employed an illegal immigrant as a baby sitter.
So the deep state saga continues. An "impartial" judge is continuing the bloodless coup against a duly elected President. She also trained to be a Playboy Bunny during college and this was another issue forcing her withdrawal as the AG nominee. If Judge Wood was truly honorable she would recuse herself immediately. Don't hold your breath.
2
That's it, attack the judge. The old Roy Cohn/Donald Trump playbook. Nothing you say about Judge Wood is either new or means anything at all about her impartiality or honor. She did not break any law. She served in government in the Nixon administration. She was put forward for the Federal bench by a Republican Senator and nominated by a Republican President. It's obvious you just don't care about the truth or the law, just about spinning things to subvert the justice system so Trump can get away with it. Having been "duly elected President" doesn't place him above the law. "Deep state" means loyalty to the rule of law and not to Trump.
5
Dear President Trump you may have thought you could bend the truth to fit your warped sense of what that truth is, and I will give you credit you have done an impressive job of this with Fox News and the Republicans. But the federal judiciary is not going to be as easy as Hannity and Fox and friends.
These are people who have spent their entire adult lives in service of the truth and the rule of law, unlike you they are rule followers, you sir have met your match.
7
Trump and Cohen are petitioning to see the documents because they don't understand their exposure. Cohen reuses legal aliases for different clients. "David Dennison" for instance. Anyone who has ever used Cohen as a lawyer is potentially caught in the FBI's drag net. Trump and Cohen are eventually entitled to see any evidence pertaining to charges made specifically against them. However, that's not the point here. They want to know what other investigations might spin off from the materials gathered under the Southern District search warrant. They have no idea how wide this information might spread throughout their network of insiders. Cohen and Trump are obviously terrified.
7
Now we know why Hannity has been blasting Mueller’s integrity and calling this investigation a “witch hunt” . A liar defending a liar.
9
"Moments before the hearing began, Ms. Clifford swept into the courtroom with her lawyer, Michael Avenatti, ..." Did Ms. Clifford brandish a cape of some kind?
2
Can I seriously ask everyone one question. Why do we care about Trump’s personal affairs? If anyone in their mind thought before voting for him that he did not have extra marital affairs is delusional. Trumps bucks. Cmon now. Why does the NYT keep pushing this agenda? And if he and his lawyer didn’t cc each other on every single email then they are both much dumber than I thought.
1
Somehow, John, you missed the entire felony case against Michael Cohen. Is the law to overlook his bank fraud simply because you don't care about Trump's adultery?
That is what this case on Cohen is about; felony bank fraud.
1
This is not a political issue. Stop calling it one. It is a national security issue and the GOP created it. He is dangerous and unfit. Our country and quite likely the world are in danger.
YouTube: Psychopaths ~ They Live Amongst Us. Do they rule the world?
How Donald Trump Handles Stress- This old Trump quote from 2004, a response to a Larry King Live caller asking how he handles stress, made the rounds today: “I try and tell myself it doesn’t matter. Nothing matters. If you tell yourself it doesn’t matter, like you do shows, you do this, you do that and then you have earthquakes in India where 400,000 people get killed. Honestly, it doesn’t matter. That’s how I handle stress.”[CNN]
3
I remember someone at the office had hoped Hillary wouldn't win because of the inevitable controversy. <roll eyes>
8
This all hinges on whether Cohen is Trump’s “lawyer” or whether he is just a goon and fixer for Trump. He fixed a problem for a rich friend of Trump who was in a powerful position that helped get him elected, probably as a return of favour but Cohen had NO other clients except for one - the Hannity relationship. The latter was likely invented post haste by Trump’s lawyers with Hannity’s compliance to help out his buddy, with the express aim of providing another “client”, and thereby buttressing their case to have all the materials reviewed by the defense. But then they had to explain why there were no records of the Hannity relationship so hence the weak explanation he was never billed and it was all informal stuff. Similarly the “reluctance” to reveal Hannity’s name in court was all theatre to buttress this pretence. Any judge should surely see through that charade.
2
This could not get more interesting a story if you wrote it. Lost in the discussion is the fact that Judge Kimba Wood is a female trailblazer who was among the first women to pierce the male dominated world of white shoe NY law firms. She has had a stellar career as a lawyer and judge having sent Miliken to jail among others. She was also nominated for Attorney General by Bill Clinton and withdrew her appointment after revelations she had hired an illegal immigrant. That she sits in judgement of such a third rate sleaze bag and so called lawyer like Cohen is only fitting.
11
At the time, it was not illegal to hire an illegal immigrant. The laws on that changed a few years later. And, it was 25 years ago!
As I write this, there are 666 comments. The raid on Cohen was Friday the 13th. If I was a suspicious person, I would say there have been evil forces at work here. As it is, Lady Justice, a lady judge, and a lady porn star may have joined the forces of the universe in saving us from ourselves. Trump & Company still think they have rights above the law (any other plaintiffs allowed to choose what evidence goes into trial?), but may have finally met their dénouement and we might be saved. Perhaps the majority of Americans who voted for this administration will finally see what they have wrought. Yes, our government is imperfect, but turning it over to a gang of criminal Keystone Kops is not the answer. Remember that it is WE the People who are responsible for who we choose as leaders. I hope the journalists don't get caught up in the carnival of Trump's downfall in the same manner that brought him to the White House, but keep doing the investigative work that assures that there are still checks and balances in our laws and our morality. November will be soon upon us. As primaries gear up, know your candidates and what their platforms are. Don't choose a candidate on a single issue. And by all means, VOTE!
8
What a three ring circus!
So we have traveled from collusion to obstruction of justice to porn star Stormy Daniels in the attempt to take down President Trump. Liberal Outrage is supported by Leftist Judges regarding the “Muslim ban” and the #MeToo movement. Meanwhile, attorney-client privilege has been violated which appears of no concern to the permanently outraged Left. Meanwhile, the economy continues to improve with President Trump at the helm. See you in November.
1
Sue Mee,
These things are not connected except in your mind. Would you allow Trump to be responsible for your bank account and retirement plans if you have any of those? I think the answer is no and the reasons are because he was a crook and should never have been president and now his old crook ways cannot pass scrutiny. That is all. Nothing else.
Russian collusion maybe happened. Maybe he was too stupid and they changed their mind cause they realize no way this one can win...but what kept going was the intention to be a crook.
You can take the man and make him president but you cannot take the crookness out of him
If he was smart, he would have change his way the first day he won. and go wooooooooooooooW did not expect this and I am not really good at this and hope the people give me a chance to be a better person to do this job ...all in his head of course. No. He chose the other way. I am a crook and I won cause I do not give a rats blaha and if you disagree with me, guess what scarlet, I am the boss now. THE BOSS
but thank goodness we have rules here. It is not Uganda and he aint Ida Amin Da Da
5
The President didn't know what Cohen was doing on his behalf, so what's the big deal? That's going to be his defense. "I actually have an inferior intellect . . . ask my staff, they're quoted in the Times."
1
This case in NY is about Cohen possibly committing bank fraud.
Cohen's house and business were taken over by the FBI in a pre-dawn raid, the FBI seized everything. Paul Manafort's house was again the victim of an FBI pre-dawn raid that seized everything. What day was Hillary Clinton's house raided by the FBI? HQ Special.
1
Were there any known legal grounds for a warranted "raid" on Clinton?
3
This is in reply to Mykeljon. Earlier i mistakenly submitted it "to reply to" a different comment (from Girish Kotwal), one that Mykeljon had replied to. i',m sorry for my mistake.
Amen! Wouldn’t it be great if Trump would read your comment with an open heart and an open mind—AND benefit from your accurate observations?
Can’t you just picture him looking into one of the mirrors in the White House as he sincerely reminds himself: “I am NOT above the law.” “I CANNOT rewrite the laws to suit myself.” “I can stop pretending otherwise.” “I am NOT above the law.” “I CANNOT rewrite the laws to suit myself.” “I can stop pretending otherwise.” …
As a response to the Syrian president using chemical weapons upon its own people, a coalition of western democracies bomb Syria.
While American citizens don’t need to be defended from its president from from the horrors of chemical weapons, we are, in fact, being bombarded, on a daily basis, by another type of presidential weapon—the systematic retreat from the truth.
US citizens may benefit from some international support in protecting us from Sean Hannity’s daily insidious bombs of lies on Fox News.
6
If Cohen felt that he needed an insurance policy for protection from Trump's arbitrary and capricious behavior, he probably stashed a number of compromising documents and perhaps even tax returns. Maybe Trump is worried because he doesn't know whether Cohen kept a stash or where that stash is located.
3
So attorney Cohen did Trump a favor using his own money without Trump's knowledge and now he has to hire lawyers to defend him. So this is what they mean by "no good deed goes unpunished?"
9
I'm glad the judge trusts the prosecutors. But that's not her job. A judge is suppose to rule based on facts, and how the law applies. She apparently has been impressed with their integrity in other cases. However, a big part of the process is protecting defendants from a potentially unscrupulous government, in this case prosecutors with potnetial political and career motives. Both sides must prove their case without judicial biases.
1
Now the judge is under attack by the Trump team of supporters? What a surprise.
2
Oh, nonsense. She was just saying she wasn't thinking about appointing a special master because she didn't trust the prosecutors, who usually manage the sorting out of legitimately privileged information, but just to do whatever was needed to maintain the appearance of fairness. This is a totally bogus complaint.
An outrageous request from an outrageous man-child. Why in the world should Trump have first access to these documents? Documents from an ethically-challenged lawyer that are likely to implicate Trump in rampant criminal activity.
Thanks to the judicial branch, our democracy sends another rebuke to Trump. For now. But Trump will continue to act as if he's king; he clearly believes that he is above the law. He's not. And he must be stopped.
53
Why in Gods name would he? He is not different than anyone else when it comes to the justice system.
When it is discovery in his trial he and his court appointed public defender can review the evidence, not while prosecutors are examining it.
24
The judge is doing exactly what would be done in any case like this. The judge is either holding an en camera hearing, or appointing a special master, to review the materials and determine, what, if any, materials are protected by the attorney/client privilege. Not all communication is privileged — I have practiced law for 25 years and am familiar with the concept. It shows, despite what Trump claims, the legal system works. I agree with others who have commented here, this gets more and more weird every day.
41
May the wheels of justice turn, and the civil society that they support be well and properly protected.
34
Another example of Trump's lawyers grasping at straws with outrageous claims. Sure, let allow criminals to decide which evidence can be used against them in court. Every day, this case gets more bizarre and the cast of characters grows. Donald Trump has become King of the Swamp that he promised to clean-up. And now, Trump rejects new sanctions on Russia. He can't figure out any way to logically deal with any of the scandals he and his friends have created.
75
As the saying goes, Karma is a pitch [sic]
27
All due to Trump's swamp and greed, which could have been prevented. They all deserve whatever they get! And Judge Wood will handle these matters adroitly.
54
Quandry:What swamp and greed please explain and not accept opinions from biased commentators on Cable who jack up their views to rile their audience. Shocking that the left are apparently very willing to throw out the attorney/client relationship so easily under the bus. So far seems most accept that Russia hated Clinton but despite business relationships within Trump's business world there is no evidence of collusion. Their hatred of Clinton apparently started in 2012 after Clinton attacked the Russian election.
For people who proclaim loudly of their innocence, they sure don't act like they are?
Like I have said from the beginning of the Trump Republican presidency just follow the money. The fact that he has always been very secretive of where his money came from and how much he has pretty much tells you all you needed to know. By the way Donald where are those returns I'm sure the audit is over by now!
96
It becomes clearer by the day why Paul Ryan is bailing from congress. He has some inside knowledge of what exactly the future holds for the Republicans after their marriage of convince with Trump. Anyone who has thrown in their lot with him risks their long term political future so rather than take that risk, he is going to cash in and earn millions a year as a pay back from the 1 percent and Wall Street for the tax cuts he delivered to them.
He will reappear in a decade or so as the Republicans presidential nominee After the dust has settled.
56
The issue is NOT whether a federal judge on the payroll of the government trusts the prosecutors. In fact, that is disqualifying if the rule of law is substituted with trust for government lawyers.
The question is can the attorney-client privilege be protected, to the extent it may exist for some documents?
Put the documents in a glass office where Cohen can be observed putting documents into four piles. One for the privilege of each client, and one for documents that are not privileged at all. The prosection immediately gets the unprivileged documents. This does not mean we trust Cohen's assertions of privilege, only that we can trust his non-assertions as that results in immediate and convenient disclosure.
Then revisit the search warrant, the basis for the government seizure. Determine whether the recovered not privileged documents fulfill the prosecution's needs as stated in the warrant application. If so, done.
If not, then proceed with a special master, that culls out over inclusive claims by Cohen of privilege and submit those to judge who can hear argument from Cohen ( or better successor counsel to Cohen for client because criminal cloud for Cohen creates conflict with client). Then judge rules.
As far as Stormy and her counsel, let's remember they are about blackmail, a crime. Let's not get in a state of high dudgeon over her interests. She and her lawyer are playing the kompromat game.
Let's not all get dragged into the gutter with Trump.
12
Actually, the credibility of an attorney, a law firm, or the attorney general is extremely important, as is the credibility of the client. For the system to work, the judge must be confident of the ethics of an attorney who is sworn to uphold the law. Demonstrated integrity over time can't help but be important to the judge as would be the demonstration of lack of integrity.
1
I guess you never heard the part of the story where Ms. Daniels was threatened while placing her infant child in her car seat.
I’m looking forward to the identification of said thug.
1
If Mr. Cohen is being investigated for criminal activity, it would be surpassing odd to grant him the discretion to determine which evidence retrieved is admissible. Lawyer as conspirator or perp loses argument for protection from exposure through documents related to possible crimes.
1
For someone who claims to be Mr. Trump's lawyer , Michael Cohen's name never comes up in any defense of Donald Trump or as part of a team leading a prosecution for him. Ultimately I'd be very surprised if any communications were deemed client attorney. Mr. Cohen was clearly a 'fixer'. And like Jude Wood, I trust the prosecutors of the Southern District , John Mueller and Rod Rosenstein. One has to believe that considering Trump's interest and the high bar of client attorney priviledge that everything was triple checked by multiple eyes to ensure that the raid would hold up. And ironically if Jude Wood agrees to an independent lawyer review that becomes even worse news for Trump and Cohen as it means an even higher bar for Trump and Cohen to get any documents thrown out.
34
I think what has been missing here is that US Atty in the SD already has sufficient evidence to charge Cohen. We have yet to see the full affidavit(s) in support of the search warrant. But my belief is that that affidavit(s) lays out sufficient KNOWN evidence for charging and the warrant was in support of that goal. Collateral to that would be obtaining additional evidence of other crimes and other individuals involved in those crimes-and that is where Trump comes in. My opinion that the USatty will find is that Cohen,Trump and his organization were involved in fraudulent conduct regarding bank loans for his real estate purchases and the like-eg.inflated P&L statements, misstated balance sheets all insupportable of loans-mistatments of cash flow and other accounting scams. I would not be surprised to find cash transactions that were not properly reported to the Treasury. Frankly, it is going to be a feast for the US Atty. office. But your seat belts on folks-this is going to be a real coaster ride.
53
But a slow one. Be prepared to wait while they build their cases.
8
This also adds context to Trump's refusal to release his tax returns, making him the only candidate in modern history to do so. Oh, and does anyone remember him saying he would during the campaign, only to renege on his promise after elected?
Cohen and Trump have made the town of Kimba in South Australia famous because judge Kimba Wood was named after the town by her mom who spotted it on a map. I have been there several times- in fact I have a relative who was born there. Small world heh? BTW there isn't much there but its famous now... the town itself and South Australia have not realised it yet. The connection with Trump will probably taint a perfectly innocent little town that never hurt anybody.
19
I'll try not to hold it against Kimba.
It may be that Kimba presides over the unravelling of this President. If that is the case, expect her, and Kimba SA, to become part of history.
1
A flat-out denial of the President's application for a judicial order requiring prosecutors to turn over materials seized in last week's search warrant would have been justified had Cohen been any other shady lawyer representing an arguably guilty client, but here the optics were such that Judge Kimba Wood felt the need to plan for the eventuality that a genuine issue of attorney-client privilege might surface at some future time. That could be dealt with if necessary. Today's decision would have been small consolation for the clobbering TeamTrump suffered in its abortive attempt to leverage a widely known but poorly understood rule of evidence into an offensive weapon to suppress materials seized as evidence of crime.
In Michael Cohen's case, it wasn't even close. With only three law clients in the past two years, one of whom, Fox News personality Sean Hannity, went out of his way to deny any sort of professional relationship with Cohen, the likelihood that one or more of those three clients confided in Cohen any privileged information all but vanished. That had to be humiliating.
What is unmistakably clear is TeamTrump's implicit belief that Cohen's seized files contain material that poses an existential threat to Trump's presidency. Total disaster, and Mueller has a road.map.
72
"What is unmistakably clear is TeamTrump's implicit belief that Cohen's seized files contain material that poses an existential threat to Trump's presidency. Total disaster, and Mueller has a road.map"
It's a very good concluding paragraph however we here in New York city know that Cohen has been deeply involved in Trump's business interests in some unknown ways-which will now be uncovered. Trump has been using the claim of lawyer-client privilege to prevent Cohen from EVER discussing what Cohen has done for Trump-as a quote/unquote "lawyer". The gov't is implying that Cohen is NOT actually providing legal services based on preliminary info that has been leaked-they got a warrant to access Cohen's emails and God knows what else-THAT was the legal basis for the warrant.
The point is? This may be the beginning of the end for the Trump business empire when the public finds out the shady stuff he's been up to for years now. Trump's name will be turned to "Mudd" and no one will want to be associated with him. Trump doesn't actually care about the Presidency-it's only a very powerful vehicle to make more money and enrich himself/business friends. His business is now going to be scrutinized via Cohen and like pulling on a thread can unravel an entire garment..the Trump threads that will be pulled on via Cohen will be his ultimate undoing. Cohen is a trojan horse carrying all of Trump's secrets. This should be fun!!
104
These legal arguments back and forth might just get resolved and they won't come out on Trump's side possibly. Then a full and thorough examination of Trump's business activities , both legal and illegal will be in the national spotlight. No impeachment for you, Mr. Trump. Good. I don't want impeachment. Nothing less than indictment, conviction, removal from office, a prison term with no pardons and then there will be justice for all.
22
Is anybody keeping an eye on Trump's sister who is a judge on a supreme court, though I'm not sure if it's NY State or NY Federal... In any case, she is a Trump, with all that implies, and her career choice was surely based on her prescient and long view of the Family business and its future needs.
17
She is a Federal judge at the appellate level, the Second Circuit, which covers New York. There’s no doubt in my mind that she would recuse herself from any appeal in this case. Even if she didn’t want to recuse herself, which seems virtually impossible to me, the other judges would keep her out of it. Also, her family connection must have been reviewed by the Senate in her confirmation hearing. Without any evidence, we should assume she has acted completely appropriately as a judge. Finally, Donald would likely want to keep her away. Can you imagine what she thinks of this farrago?
Maryann Trump Barry, Federal appeals court, 3rd circuit, inactive since turning 80 a year ago
I stand corrected. Thanks.
Judge Wood made explicit that she is concerned only about any possible appearance that documents that should have been protected under attrney-client privilege were not so protected. She made equaly clear that she has full faith in the unimpeachable integrity of the FBI investigators.
If and when she appoints a special master, who reports to her ("the court"), it will be to make clear that there is not even the APPEARANCE of any impropriety.
85
Actually she said that her faith is in the US Attorney's Office not the FBI. Review of the materials is now in the hands of prosecutors not investigators. That said, I totally agree with Joe from Boston's conclusion.
11
She did not say she was "only" concerned about the appearance of fairness. I read this as she was saying she did not think a special master was necessary for fairness ("not fairness itself") but that a special master would help with that perception. She's being realistic to be concerned about perception.
A concern not just for fairness but for “the perception of fairness” is precisely what motivated Comey to make his disastrous mistake in regard to Hillary Clinton. The enormous catch is that the Republican leadership, from Trump to Devin Nunes to Paul Ryan and on down, with the eager and slavish assistance of Fox News, are distorting the perception of fairness beyond recognizability on a daily basis. The proof will come soon, when Judge Wood rules something other than Trump’s maximal request, and he and his harpies turns on her. Watch.
It’s past time for reasonable, decent people to return to trusting their own sense of fairness, and to stop paying attention to the bad faith of the Trumpists.
80
Hah! The judge not contemplating Presidential access to Cohen’s files is reasonable, responsible and clearly wise. Trump would twitter the death out of that information and in so doing would be the very epitome of his favorite pejorative, a leaker. Cohen apparently represents a grave threat to Trump. Let us see what Cohen has.
44
John Marshall wrote something in Marbury vs. Madison to the effect that "it is the power and duty of the courts to say what the law is." That is, a judge, not a litigant, decides what is privileged and what is not. However, if that litigant and his/her lawyer agreed to commit a crime or a fraud, there is no privilege. Does paying Stormy Daniels $130,000 so she won't talk about her night with Trump right before the election constitute a type of fraud cognizable by the mail fraud or wire fraud statutes?
18
More fundamentally, the question is whether an "agreement" is valid if entered into by one party, where the other party denies any knowledge of the agreement.
Under standard contract law, an agreement requires a "meeting of the minds" and an exchange of things of value ("consideration"). If one of the purported parties says he has no knowledge of the "agreement", there is no possibility of a "meeting of the minds" and the "agreement" is a nullity.
Dopey Donald has stated that he had no idea the "agreement" existed.
Michael Cohen is a graduate of s fourth (or worse) class law school, and it shows. He appears not to understand simple black letter law.
All of Michael Cohen's purported clients have an incompetent fool for a lawyer.
2
I believe Trump has no obligation to tell people that he had sex with Stormy Daniels as having sex with her was not a criminal act.
Giving her money so she won't talk about something that isn't criminal is not a crime and the fact it is before the election is irrelevant.
So the answer to your question if it is a real question is that it isn't fraud.
The judge should just say no to Trump's outrageous request, instead of hinting about taking that action at a later date. Time to stand up to this bully.
It seems that defenders of democracy are conditioned to walk on eggshells around people like Trump. From Comey's interview, I gather he trashed Hillary a few days before the election in order to appease Trump. Obama treated candidate Trump with caution, even after Trump bullied Obama for years. Maybe this fearful approach actually tipped the election to Trump. Now Trump gets to be the leader of bullies, with all the power that comes with the office of President. Time to stand up to all bullies. I love the Obamas, but when the enemies of our democracy go low, maybe the correct response is no longer to go high. Maybe the porn stars will bring Trump down in the end.
68
I think the Judge is very smart not to get into a shouting match with Trump via the media. Offering to "take action maybe later" is a smart move to keep him from attacking, and keeping the ball in her court (no pun intended). I think my mother used this strategy with me when I was a teenager.
1
Is anyone taking bets on how long it will take Trump and Fox News to start attacking this Judge?
63
What percentage of 2016 non-voters view Trump favorably at this point?
What percentage of 2016 non-voters intend to vote this fall?
Does anyone know?
21
So, Cohen has only two clients, and neither has any knowledge of what he's done for them. As they say, you can't make this stuff up!
92
JB, obviously he's such an extraordinary lawyer that he takes care of issues before they even arise.
That must be why his clients don't know what he does for them :-)
1
The choice here is between enabling cherry-picking and a continuous fishing expedition. A Special Master is a good idea. I suggest Assange or his delegate. Must demonstrate good hygiene and be able to copy/photograph files to USB sticks at every opportunity. Apply to the Ecuadorian Embassy.
11
Oh the irony! UNbelievable that judge Kimba once worked in the Playboy club in London (to bring in some extra income while she was a student at the London School of Economics). What better background experience for this case!
16
Interesting. Can you give us a source/cite? What I know about Judge Wood (I'm no expert) is she was appointed to the Federal Bench by Reagan. Bill Clinton considered her for A.G. but she had an issue with paying domestic help off the books (from what I remember it was a pretty minor thing, but potentially illegal and given the climate Clinton withdrew her nomination). But I'd love to hear more about her Playboy Club career. That sounds like a great place to meet the Trump family.
5
For five days only, a student with the need to support herself financially.
In reply to Jeff M Santa Barbara
The source is Wikipedia.
The salient points in this article should reinforce the need of the parents of all college freshman to dissuade them should they express any interest in becoming an attorney-- bookmaking is rapidly replacing law as an accepted career goal for smt and greedy youngsters.
As least if the fuzz comes after you, it will be the locals, not the FBI and/or DEA
2
I will point out that federal prosecutors are also lawyers. And what about organizations such as the Southern Poverty Law center
Yes lawyers have their issues to deal with, but don’t paint them all with your overly large brush
9
The attorney and client privilege are no longer apply if an attorney has engaged in racketeering and colluding with the client and the seized documents and video recordings are the basis for the prosecution.
22
Wondering why no mention was made in this coverage of the proceedings of Attorney Balins’ remarks to Judge. He represents various newspapers I believe. His argument to make public name of Cohen’s third client was quite dramatic.
24
Many of American voters who made it possible Mr. T to become The President of The United States of America love that liar because he acts and thinks like them. The American Democratic Process indeed worked well.
If they want or tolerate him being the King or Caesar of the US above the law (which is possible, to my sorrow), let him be. They should burden the responsibility and some day, they will deeply deeply regret their choice.
By the way, isn’t NYT having interviews with Mr. Paul Ryan and Republicans to publicize their views on Mr. T’s Presidency and the state of the Democracy in the country?
17
Most democracies get the government they deserve. Trump was voted in on capricious populist slogans.
In another article in the NYT (25-year-old books...) we are told how the USA has an underfunded and by implication, uninterested administration of publicly funded education. Right-wing politicians know that it is under-educated people who favour populist slogans because they are not taught to scrutinise propositions at primary and secondary levels of education.
I am totally perplexed that such a rich nation allows for an underclass to exist.
15
Josh said "If they want or tolerate him being the King or Caesar of the US above the law (which is possible, to my sorrow), let him be."
I disagree 100%.
No man or woman is above the law. Period.
Why does another person get to be above the law, and I do not? If we believe in equal justice, if one of us can be above the law, any of us can set aside whatever law we do not care to obey.
If you allow anyone to be "above the law", there is no law. That says society becomes a jungle.
12
Phil,
We could strive to teach critical thinking in this country, but there's a fundamental problem: many people in the U.S are religious. If you teach critical thinking in public schools, impressionable youngsters might apply those tools to the religions in which they're raised. That might lead to crises of faith and a rejection of the faiths in which they've been brought up. Parents and religious leaders won't be happy. So to preserve faith, religious authority, and religious communities, we can't teach our kids critical thinking. This is a major reason why Republicans in the U.S. and their sympathizers hate higher education.
16
How intertwined does a coincidence have to be, before it is not a coincidence? Trumps lawyer's recent employment was at a law firm that reps Cambridge Analytica and Gazprom?
51
You are getting very close to the core of the beast.. Cohen should buy a remote starter!
1
Comey is right. The North American people must vote Trump out of office. They can start by voting Republicans out in 2018.
60
Yes re voting in November, but Comey not exactly on high ground weighing in on validity of impeachment yet before Mueller has issued a report.
4
As a private citizen he has every right to express his opinion on the matter. Will seventeen or so Republican Senators really vote to remove him?
5
The GOP should be eradicated and their funding subject to a deep inquiry by the FBI.
1
so did Cohen lie about Hannity being his client... purgery
3
Judge Kimba M. Wood of Federal District Court rocks the courtroom. I would no be surprised if she is Wonder Woman's auntie.
36
or -- if we ever get out of this mess -- a supreme court nominee! check out her doings with mike milken, another peculiarly coiffed socio-economic perp.
1
People are focused on a Russian tape. The Russians are smarter than that. They spied on Trump in other countries, and maybe they spied on his family. So maybe it's Eric or Don Jr. with a prostitute in Brazil or Panama, or Donald Trump himself in the Philippines...
18
Damage control time for Team Trump. Broidy obviously ready to self sacrifice to protect "David Dennison" from the abortion rap. Hannity also being set up, but maybe not willingly. Trying to save his career but he has been chosen to do the honorable thing. To take the heat for the Trump is the highest calling of all.
9
We just have to substitute two letters for the new chant: Lock HIM up, Lock HIM up. Trump must be going nuts knowing that it is his own US attorneys pursuing this. Mike Pence is right: there is a God.
37
Hmmm, appoint a lawyer to sift through the documents? Hillary has some free time on her hands:)
63
She is taking over the Mueller case when he gets fired.’)
“I have faith in the Southern District U.S. attorney’s office that their integrity is unimpeachable,” Judge Wood said.
More than can be said for the Trump cabal, whose integrity is very impeachable. Basically, they have none.
39
Hannity seems to be on the same clown bus as do the Trump attorneys who asked to review the seized documents first to "sort them out". Hannity's logic is "I did not REALLY hire Cohen because I never got an invoice, never paid him any money....maybe gave him $10....so he was not REALLY my attorney....just asked him about some real estate....asked for AC privilege first". Hannity does not seem to understand that not paying does not mean there was no attorney-client relationship, plus Hannity never thought he was going to be identified as the "other client" of Cohen. One must wonder what real estate advice Cohen gave that would invoke privilege especially since Trump is in the real estate business. Cohen was correct when he analogized Trump with a criminal organization. None of these in the cabal can do anything straight.
22
you mean Comey, not Cohen...
Now I guess I'm just naive or something but if you claim attorney-client privilege with a lawyer doesn't that make that person your lawyer?
All of this is very reminiscent of the scene in the movie On The Waterfront when the Feds are breathing down corrupt onion boss Johnny Friendly's neck and Friendly is ordering his thugs to lay low because the Feds can't be intimidated like the working stiffs on the dock. He says, "Don't cha get it?! They're warmin' up the hot-seat for me!"
Trump should invite Cohen and Sean Hannity down to Mar-A-Lago this weekend for a private screening of the movie.
23
It is too late for that.
The misdeeds have been done, and now they are going to crawl out from under the rug.
Wait and see.
6
Either Cohen is lying that Hannity is a client or Hannity is lying that he is not. Can’t both be true. And if he is not a client, there is no privledge.
24
I bet there are tapes of Hannity and Cohen colluding to lie for Trump on FOX. Maybe Cohen was passing along direct suggestions from Trump to Hannity. Those tapes could go back to before the election. If Hannity was working directly with Trump to promote his campaign, I think that's an campaign law violation.
What’s going on here? First the Times had it that the judge nixed the bad news bears seeing the docs. Then the headline changed to the judge “considering” not letting them see it. Now CNN says Cohen gets to see them first.
Evening started off pretty good...
3
The CNN reporter had it wrong. The judge will NOT let the Cohen/Trump team see the documents first, or decide which documents will be allowed to use for criminal investigation or prosecution. She MIGHT appoint a retired lawyer or judge to look over the documents independent of both parties and see which are privileged and which are not.
9
Thanks very much for the clarification, Mr. Wenz.
2
...just for the sake of accuracy, the Stormy Daniels thing should be called a sexual encounter rather than an affair.
24
The former is true, the latter flatters the lady with hate-Trump propaganda.
awww ... why?
"Affair" sounds so much more classy and Trump is such a classy guy.
1
It is amazing that this man ran as the “law and order” candidate, but somehow thinks the defense gets to dictate how things proceed.
What are we waiting for? If Bill Clinton can be impeached for lying about an affair, how does this guy get a pass?
34
Standing by for the tweet barrage against Judge Woods.
34
Cohen is acting like he just realized the real reason he had this job in the first place.
13
A fall guy is what it amounts to. His family will most certainly sway his decision of not falling on his sword for the rotten orange.
1
Does anyone doubt that Michael Cohen claimed Hannity as a client because he needed a "mystery client" and he and Donald knew Hannity would play ball?
11
Why did he need a "mystery client"?
who s more cocky...Hannity or Cohen? why did Cohen s,lawyers,say Hannity wanted to appeal the decision of the,judge to call for the name of the third client, i. e. Hannity..... we're they bluffing? >
>
I hope she asks Hannity if indeed he told them that...
2
Note that Judge Kimba M. Wood was appointed by Ronald Reagan.
So... Republican Special Counsel passes information off to the Republican US Attorney for Southern DIstrict of NY, who recuses himself and directs his Deputy, Robert S. Khuzami (a Republican) toto supervise the case. He takes the search warrant to Deputy AG Rosenstein (who is a Republican) for approval..
Definitely a Democratic Witch Hunt. /s
117
That's why the term RINO was created. Also DINO was created. I'm a democrat but I respect a representative who votes the way the plurality of their constituents wants, no matter their party.
1
When will Trump EVER learn about the system of checks and balances that we all learned in high school?
39
Wait! What we learned in high school only applies to the little people.
14
The only checks he knows are those he receives and those he bounces. And unbalanced would be more appropriate for him.
7
Pat:
Trump was sent to a rich boy's sleep away reform school, the New York Military Academy. He must have slept through that class on the Constitution.
His father should have demanded a refund, because all the money he spent did not cause Dopey Donald to learn much of anything.
He is still the willful 8 year old that he was before going to NYMA. He knows "more than the generals."
"I alone can fix it."
Yeah, right.
7
If these people are allowed to review the materials seized; they will know what not to lie and what facts can be stretched in future interview.
22
I'm surprised that Cohen and Hannity didn't know that search warrants work for money laundries too. (No, I'm not surprised that Trump knew nothing about anything.)
17
I'm reminded of the Nixon tapes...
9
There is a difference, however.
Nixon had enough smarts and residual character (however tainted) to know when it was over.
As Trump has neither character nor integrity, he'll likely burn the house down with himself inside. Sort of like the Fall of the House of Usher.
28
what if attorney Cohen asked Hannity to say had also used his legal services because Cohen only had two clients
5
We would do well to remember Trump is stacking the Federal bench with his chosen appointees, even trying to appoint nominees with no trial or courtroom experience. If Republicans revisit this plague on American again, in later years, these decisions might be made by a Trump appointee, who will warp the lawyer to protect an ideology and a flawed leader. Law before justice protected privilege; we see that among several Supreme Court judges, and with the way McConnell blocked Obama's appointments, conservative judges will increasingly decide lower court Federal cases.
Let's not applaud too much. The federal bench maybe a ticking time bomb.
36
Good point.
6
Walter Rhett:
While I agree with you concern, remember that there is a mechnism for removing judges who overstep - IMPEACHMENT.
It is not easy, and it is unfortunate to even have to go to that extreme, but a truly incompetent judge can be removed. That has already happened a handful of times.
5
The fruit of a rotten tree is rotten. After 2020 maybe we Dems will have the power to dispose of the rotten fruit. Any and all judges appointed by Trump can & should be impeached.
If we don't have the votes in the Senate to remove all Trump's rotten judges we will have the power to add two seats to the Supreme court so at least the highest court won't be in the hands of Trump's minions.
Trump did promise to bring back the jobs underground. Draining the swamp will probably give a real boost to previously sagging law school enrollment. It might take 3 years until Trump, Cohen, and Hannity are cellmates, but there will be plenty of work for the new graduates as Mueller methodically plunges the depths.
20
Let's be fair about this and give everyone who is being investigated for a crime the right to review and delete incriminating documents. This will have the added benefit of drastically reducing the prison population.
47
After 15 months of horror, or nightmares, I now see the probability of a beautiful Spring and a beautiful Summer and a fantastic Fall. November I am waiting for you.
75
Wait a minute! These are Cohen's and Trump's own documents. Isn't there a presumption that they already know what's in them? By simple definition that the documents are theirs?
46
Yes, they know what's in them. That's why they're scared. But even if they own the documents, the prosecutor can still seize them if they have grounds for a crime.
34
There are so many documents that I doubt that they have them memorized.
5
I am sure certain salient points are fixed in memory.
7
Having Cohen, Trump & team pick the materials that show client privilege? Isn't that like having the fox guard the hen-house?
52
"Cohen, Trump & team" would pick what they thought was privileged and then as vaguely as possible describe those documents in a log. The government would challenge every assertion of privilege and the judge or someone else would need to review the docs. There can't be that many docs, relatively speaking, no? The special master idea is good, but Cohen, Trump & team will just ascribe bias to the special master who won't even have the title of judge. Not that these folks respect judges anyway. It's a mess for this judge to sort out. I am inclined to think that in independent (republican) special master attorney is the way to go.
I wonder whether "Cohen, Trump & team" even understand the universe of documents seized. Another reason to want that first look.
5
'In the aftermath of the raid, people in the Trump administration said they saw the Cohen inquiry as a more serious threat to Mr. Trump than the investigation by the special counsel, Robert S. Mueller III.'
In keeping with the NYT's style guide, the NYT's subs dislike reusing the same key term or name twice in the same sentence. This may have the undesirable effect of replacing the right word with the wrong one, as here.
To be clear. The investigation into New York attorney and Trump associate Michael Dean Cohen is a criminal investigation launched by the Public Corruption Unit in the Southern Division of the New York DOJ many months back. It's a criminal investigation. It is NOT an 'inquiry'.
An inquiry is something headed up by a senior judge, legal panel etc, typically looking into professional misconduct, or into a public interest matter such as health concerns about pollutants in the local water supply.
When the Public Corruption Unit of the DOJ investigates you, you'd better be clear that you are being investigated. You are not being 'inquired' into. You are not the subject of an inquiry. You ARE in legal peril. You ARE in legal jeopardy. To state perhaps the obvious, you're in very hot water that's only going to become still hotter until it's boiling.
196
The way this drama has been unfolding is roughly: a new U.S. character gets introduced (Hannity this time), Trump reacts furiously (standing by for that), then a little while later a nebulous Russian connection crops up potentially linking those events. I can't wait for that last part to happen.
43
Michael Cohen seems to have aged again in every next picture i see of him. Poor guy.
18
@PH
Poor guy? Seriously?
6
Agreed!
3
What's the expression about making a deal with the devil?
1
I'm really liking that Avennati guy!
96
Concur
6
Media savvy. And what a jaw line!
6
Trump may have met his match in Avennati.
The irony is just too delicious. During the heat of the campaign in 2016, a bellicose Trump looked into the camera and made a stunning statement, even by his (low) standards, "Hey Russians, if you're listening, I hope you're able to find the 30,000 emails!" You could almost see him wink, right?
And here we are, a year and half later, with a legal team combing through Trump-Cohen emails as they investigate an array of crimes.
Hey Russians, are you still listening?
118
I think the FBI already stated that there are not any emails from the President.
1
Hence, all the more reason Cohen would have tapped the conversations. Yikes!!
5
No, Trump doesn't use e-mail. But Hope Hicks and other former and current White House folks do, and that's why Trump & Co. are in panic mode.
4
Just read elsewhere that Cohen claims there might have been records related to two major global law firms in the materials seized. The numbers of interested and aggrieved parties here could mushroom . . .
35
For what it is worth, I long ago thought that the Mueller investigation would end up indicting quite a few people from both sides of the aisle for corruption, money laundering, fraud, obstruction, you name it.
5
How soon before the "special master" starts leaking to the media, like the Mueller team?
6
There were exactly zero leaks from the Mueller team.
58
Mueller's team leaking? Seriously? That team is locked down tighter than Fort Knox. Everything goes in and nothing comes out. That has Trump's team incredibly nervous because they don't have a clue how to prepare for the end results.
100
Care to enlighten us on those "leaks"? Hint: criminal indictments and plea deals are not "leaks."
18
Searching a lawyer’s office is so unusual that the government has literally jumped through the looking glass in true Orwellian fashion. Now, when a court must decide who gets to view the client’s seized materials, comes the inevitable journey down the legal rabbit hole.
Federal appeals courts have recognized that preserving the confidential nature of the attorney-client relationship is the linchpin that secures the Sixth Amendment right to counsel. This entire issue is much bigger than the president and the special prosecutor.
19
Attorney-Client privilege is waived if a client communicates with their attorney with the intent of using the legal advice to cover up a crime. Clearly, the FBI believes one or more of Cohens clients sought his legal advice with the intent of covering up their crimes. Look up the crime-fraud exception.
36
Let me add to Robert's explanation that no Federal magistrate would have issued search warrants to seize a lawyer's records (much less the President's lawyer's records) without having been shown convincing evidence that crimes had indeed been committed. There is literally no reason to think anything novel, unprecedented, improper, or Orwellian has happened here. Orwellian? More projection by Trump and his supporters -- it never stops, does it.
61
I believe there is a crime-fraud exception to the attorney-client privilege. And it is that case that the prosecutors have needed to prove with a high level of certainty to obtain the search warrants in the first place. The Sixth Amendment is still very much in place ... for people who haven't willfully committed fraud and other crimes.
36
How is this for divine retribution? Preet Bhara is appointed as special master!
Talk about Karma. We can hope.
181
There may be some perceived conflict of interest there which is what the judge is trying to avoid
1
I'm an atheist, but ....... from your mouth to God's ears!
1
Pree Bhara! That is SUBLIME, Joan! May this thought make it's way to the judge! That would be so wonderful!!
1
Since when does a third part get the right to review evidence in someone else's case?
Trump is suspiciously interested in Cohen's business dealings.
28
No cohen has tapes
9
Happens all the time in the legal world when two parties accuse each other of bias. It's also called a JUDGE.
6
Maybe Wikileaks can be used as the independent third party to review the documents? Seemed to be good enough for Podesta, much to the glee of Trump.
30
Our Republic still stands not just because we have 3 co-equal branches of government but because its citizenry stays informed through a free press. Never has the work of the Times been more important. The good news is that one branch is working. The bad news is that 2 aren’t.
188
Other than a "free" verbal consult, Hannity said he never had a professional relationship with Cohen - i.e., never paid him a cent. Wonder what the documents will reveal in this regard?
56
Sooo... Hannity getting free advise from the president's lawyer? Hmmmmmmm????
36
And why would a lawyer keep records of any kind on free legal advice given over a glass of wine at dinner or after a show? It was enjoyable listening to Al Dershowist tell Hannity that he should have divulged this information, even if it was just about real estate. Ouch:)
9
No doubt ANY criminal defendant would love to have the opportunity to censor any evidence that has been seized before the prosecutors have a chance to review it. Most crooks would jump at the chance to remove incriminating evidence before the prosecution sees it.
But criminal investigations don’t work that way. Nor should they. When someone is under investigation, they don’t get to determine what evidence the police get to see.
And unfortunately for Mr Cohen and Mr Trump - and their defenders - the criminal law doesn’t have any presidential exceptions.
(From the expression on Mr Cohen’s face, it’s clear that he knows it, too. Unless he is seriously disorganized, he already has a pretty good idea what was in the files, electronic devices, and other documents that were seized. They were his files; he’s a pretty sorry excuse for an attorney if he honestly has no idea what was in them.)
75
Everybody seems to think that we found the equivalent of Watergate tape. But this is not the 70s. Mr. Michael Cohen could have encrypted his important files and the key to unlock the encryption could be somewhere outside U.S. jurisdiction.
11
If so, just as a judge can compel blood and hair samples, she can order him to provide the information. I doubt if he wants a contempt finding; he's not going to do well in jail.
14
Seriously? Do not give this man that much credit.
10
Yes you can be right about possible encryption. But the government hires top hackers and computer science pesonnel for that very purpose.
13
I was glad to see Trump and lawyers can't get to look at Cohens files and have time to spread them. We are getting closer to an impeachment every day.
24
Some commenters mistaking who is conducting this investigation. It's the district US attorney, not the special counsel.
64
Thank you jlafitte. One of my concerns in this Age of Trump, is that moderate and inquiring minds might be blinded by blood-lust, and that is what got us this kind of an administration to begin with. Should we enjoy this moment in the light when our government seems to be working? By all means! I hope it is the impetus that that pushes us into taking the responsibilities assigned to us as citizens, and that we treasure and use our right to vote respectfully and with thought.
1
At this point we might want to refer to Mr. Cohen using one of th following terms; 'Bag man', 'Mouthpiece ', or more formally 'Consiglieri'.
33
Cohen bragged about taking a nice vacation with all the money he was going to get from suing Stormy Daniels. He may soon get that vacarion but not how or where he planned it to be. Trump found someone as arrogant and reckless as himself for an attorney. They deserve each other.
27
Club Fed.
11
This is going to be slow and messy.
18
Trump is rapidly running out of options. He's been warned it's a bad idea, but Trump is desperate and his only move left will be to fire Rosenstein and Mueller and take his chances with the public outcry.
However, we can head Trump off at the pass.
I emailed my House rep and both senators today urging them to protect Rosenstein and Mueller. Please consider doing the same. If enough of us speak up, our elected officials will learn they need to fear us more than Trump.
108
He would also have to fire the US Attorney for the southern district of New York, the man that he hand picked, and everyone else working in that office. The case is already in progress so it cannot be stopped, just possibly slowed down a bit, with severe consequences for Trump and Cohen.
18
Mueller and Rosenstein aren't his chief concern right now. The Cohen matter moved them way down the list.
15
Any legislation protecting Rosenstein and Mueller has to either be signed by the president, or passed with a 2/3 vote in BOTH chambers. Why do you think this is achievable?
3
If this is what the president is thinking about with his waking hours & executive time, whither the affairs of the nation?
57
The affairs of the nation (as opposed to Presidential affairs) might actually get a break.
16
We can only hope Trump is distracted by his legal morass. Every day spent there is one not spent wrecking the federal government.
9
Oh must you mean his treasonous obsequiousness to Russia
7
Fox News was caught in the collusion web today. They are part of the cover up.
91
This is simply a diversion created by the Trump/Cohen legal team to upstage Comey and his book tour.
14
It is gratifying to know that so far our system of laws is working. America is founded on the rule of law, and would-be tyrants and small-time crime bosses are starting to wake up to this fact.
32
trump receives my vote of "no confidence".
27
I believe we are long past a vote of “no confidence” in this commander-in-chief.
3
I can just hear Trump, “This so-called judge....”
Does he and his lawyer really think that they should be allowed to see and select what the prosecutors should see!? What was the purpose of getting a warrant and quickly seizing the materials before they were destroyed?
“Your Honor, before they can see if there is any incriminating evidence in those files and on those tapes, can we first have them, and after we clean them up we promise to give them back to the prosecutors. Of course you can trust me and my lawyer.”
40
Wrong. The seized material can be copied and viewed by Cohen or Trumpy's team so they can request/ claim attorney-client secrecy or claim the material is unrelated to any criminal investigation and request that material not be viewed by the southern district (NY) prosecutors.
The Cohen-Trump teams do not get to hide or redact the material.
The judge could refuse their requests to examine the seized material and has in fact stated the N.y prosecutors have unimpeachable integrity.
3
Easy for the political naïve to say if onw did nothing wrong, there is nothing to worry about. Think back to our recent history of McCarthyism, witch hunts, and blacklists. The government with its power and reams of vague laws can easily be subverted to destroy lives of the targeted. Trump and his colleagues are well aware of this and is thus their aggressive actions.
11
"The government with its power and reams of vague laws can easily be subverted to destroy lives of the targeted."
Can you give us an example of a "vague law" that's often used to "destroy lives?"
The best answer I can think of: The Second Amendment.
70
It was the Trumps of the world responsible for instigating the blacklists. The U.S. does not have "reams of vague laws". There is a constitutional standard for vagueness that is applied to all laws. Trump is the architect of his own problems. The government prosecutors are doing their jobs by investigating him. Trump is a criminal.
31
Trump has been acting guilty for over a year. It's pretty obvious he's fighting to keep his felonies hidden, and perhaps what it is that Putin has on him. It must be pretty bad, since Trump is afraid to say anything negative about Putin even in private conversations.
To suggest that what the Southern District or Bob Mueller are doing is in any way similar to the McCarthy red scare witch hunts is pretty uninformed.
26
When your attorney needs attorneys, it might be time to become worried.
45
If necessary, Trump will appeal to the Supreme Court, where his stooges hold a majority. One can understand that many decent Americans are desperate to deal with Trump through the courts, but what those decent Americans fail to visualize is that the United States is no longer a nation of laws. The Law can be the backbone of a society as long as the society as a whole believes in the Law, and this is no longer the case in the US. About half of all Americans, and well over 60 of White Americans are way too ignorant, too bigoted, and too resentful to accept they all equal under the Law. The Roman Republic died in 27 BC, American Democracy died in 2016, almost exactly two thousand years later. Rome never became a Republic again and gradually slipped into 1500 years of darkness. Something similar is happening to the American Republic, and we are witnessing the transformation - because of the importance of this event, we should consider ourselves to be extremely privileged that we can see it developing before our eyes. The torch of civilization must now go back to its origins, the Far East and Europe.
29
Trump has no standing to appeal this. He is not a party to the case.
48
Enough of the right wing justices care about their place in history that they won't commit blatant acts in favor of Trump.
Do you really think that ANY of the justices care what Trump thinks? They are already appointed for life, and Trump can't touch them at all. They will follow their personal philosophies, and apply the law as they think is correct. Sure, there will also be some political calculation, but only about what future generations will think of them, not whether Mango Mussolini is mad at them.
18
Trump and his travel ban didnt go very far. Judge after judge slapped him down. The U.S. is still a nation of laws. Trump is finding it harder and harder to find a judge, other than Jeanine Pirro, to agree with him on anything.
4
Edward Coke spoke of "The gladsome light of jurisprudence." Trump, Cohen, Hannity and their blind or greed-driven sycophants may try to extinguish that light, but it still shines, given the chance. Now let's be sure the light is not permitted to dim. It is our only way out of this mess.
45
How ironic is it that Trump is using Muller to fulfill his campaign promise to drain the swamp? But where will it end ....
14
Up to a week ago, Trump had access to all of this information. Why did he not look at it then?
28
Why didn't he call Hillary and ask her advice on how to delete stuff? I am joking but Trump/Cohen have had Mueller breathing down their neck for a year now and I would have gotten rid of everything long ago. These guys are not too bright if they are leaving tapes sitting around that someone could break into an office and spread all across the news. And the first thing Cohen/Trump/Hannity do is run to Twitter and add more fuel to their fire. These are not the brightest crooks I have ever met.
7
Has Trump yet tweeted anything disparaging about Judge Kimba Wood? Never fear, he will. I can just imagine he has one of his minions checking her political affiliation, political donation history, what color her skin is, the national origin of her parents, religion, and gender identity.
43
You are right about this! Check to see who her friends are, who she dated in college, what organizations she belongs to, what other “questionable” rulings she has made, did she get into trouble at school, did she ever throw or kick sand in the sandbox in nursery school, etc.
9
Backstage crew, fairness, right:
This was a given. The cultural Marxist clerics of the 9th Circuit have been out for Trump's blood since day one. New York, it seems, is no different from Lenin's Bay Area of "judges".
Amazing that this is all based on a Comey-inspired, Mueller-directed snipe hunt and the continuing efforts of a deep-swamp coup d'état.
Where is Stalin's "judicial system" when you need it? New York, perhaps?
4
You can’t really tie Comey and Mueller together in the conspiracy you suggest. We wouldn’t be talking about Mueller if Trump hadn’t first fired Comey, setting off Sessions’s recusal and Rosenstein’s subsequent appointment of Mueller as Special Counsel.
26
You have to be either:
1) Kidding
2) Have watched too much fake news
3) A Russian bot
4) All the above
30
All that nonsense just to say you think Trump and pals are above the law...
12
We may find something out about Hannity that explains his otherwise unexplainably rabid support of trump.
50
You mean besides visceral loathing of the Clintons?
12
Oh lordy, I hope there are tapes!
19
However it ends, it’ll be about money. Fox doesn’t pay Hannity enough, poor guy, so he needs other sources of income.
3
Cohen looked like he was walking to the Gallows today. Not so cool with the boys and the cigars anymore. That sick look in his eyes that his life is ruined. All for what, protecting a sick, sick, man and his minions?
73
Well said John. Dangerous to lie down with the devil. He’ll be smoking in jail, but it won’t be cigars.
7
I wonder if Cohen will be the first of Trump's cronies to flee to a foreign land to avoid investigation, testifying, and going to jail. Since he's not under arrest, I imagine he still has his passports (unlike Manafort.)
10
Susan, if he dares to flee, that will be another nail in his coffin, and in the coffins of everyone involved with him. I don't think he will do that, because he could be found and extradited. But depending upon how frightened he is, or how terrible he knows his crimes to be, I fear he might take his own life...although he is probably a malignant narcissist as well...and they don't usually commit suicide. Malignant narcissists always believe that they will win in the end. SOMEHOW there will be a loophole, a last minute save...and they have gotten away with so much for such a long time that they believe that it will never end!
5
Sorry, Donald. Nice try.
19
The Gambinos have nothing on this crowd.
40
Drain the swamp? At this point the Army Corps of Engineers couldn't help.
The decades of sewage emanated from trumpworld deepen by the minute.
It's about time they are beginning to be exposed for the gangsters that they have always been.
54
If Hannity just slipped Cohen ten bucks for real estate advice why oh why was he so anxious to keep this from his loyal viewers?
47
I think I'm beginning to see a pattern:
Trump's idol was a lawyer named Cohn.
Trump's current lawyer is named Cohen.
Trump owns buildings in Coney Island.
Trump fired Comey.
Maybe Trump's getting mixed up by all these similar names?
24
Trump. Done in by alliteration. How ironic because he probably can’t even pronounce the word with his mangled version of English.
10
With the legislative and executive branches devolving into moral anarchy, the federal bench and the FBI along with Meuller have emerged as the staunchest defenders of the rule of law. Today's ruling, far from undermining lawyer client privilege reaffirms its true intent, which is to protect the rights of defendants not the prerogatives of criminals.
43
Look at that picture of Cohen. Where is that cocky "I will rip your head off and then do something despicable to what is left look?" This is the picture of a bully who just got caught and knows that he is going down. I can't wait to see the evidence that Cohen knows will come out that warrant such a hunted, "I am doomed" look.
Watching this unfold will be much more fun than going to Disneyland or winning the lottery :-)!!
66
E-ticket ride.
2
Yes, it is true, Aaron...that it will be fun to see people who are arrogant, vicious criminals pay for what they have done. But it is also so sordid, and so sad...that men who were so blessed in life with wealth and position, chose to be so greedy that they did not see their blessings, but only sought to scam people for more, and more, and more...and to what end? It is a tragedy. And it is a tragedy what they are doing to this nation. James Comey spoke of being "mildly nauseous" that he might have affected the Election. Well, SINCE the election (as well as during the campaign) I have been TOTALLY NAUSEATED. Look at what people like trump, cohen, ryan, mconnell, etc. do to their lives because of their hubris and greed! And because of their hubris and greed, look at what is happening to this country I love...and against millions of its people!
7
We all want to see the DNA report!!
8
After watching the SNL cold open from Saturday, I am more and more seeing how Cohen looks like Ben Stiller!
17
Nonsense! He’s a ringer for Henry Winkler, poor Mr Winkler.
9
I just love when bad things happen to bad people.
63
Yeah Karma may take a long, narrow elliptical route, but it always come back.
13
Like a superhero crossover movie - Second Foundation teaming with Bene Gesserit...
Within a few weeks all traces of they, they - and he - will be gone...
It'll be like none of the three were ever here...
You can all prepare to sleep better - though I'll miss the 3 AM tweets...
Perhaps Covfefe was the name of his sled...
28
"Like a superhero crossover movie - Second Foundation teaming with Bene Gesserit..."
OK, now THAT is good :)
3
@W in the Middle
"Perhaps Covfefe was the name of his sled..."
Best line in this entire conversation!
I am announcing in advance that I intend to plagiarize it shamelessly!
I'm not quite sure where this short article leaves matters. The Judge apparently blocked Cohen's effort to stop investigators or their "taint" squad from reviewing documents seized in the raids - but may appoint a Special Master to help the prosecutors "if or when" the documents are examined? Is "if" still a possibility? What did I miss?
9
Its a little early for the process of disclosure.
6
It seems Cohen's defense strategy is to just waste the court's time.
14
It seems his defense strategy is grasping at straws:)
2
This report is simply highly inaccurate, not true: The judge did no such thing. How could you so totally misinterpret this? This report should be withdrawn and corrected immediately.
3
I'm cautiously beginning to believe that this train wreck of a presidency may soon be over.
31
This is going to be slow and messy.
10
Maybe, David but look how much happened in just one week. Trump Tower caught on fire, Cohen was raided, Ryan gave up, Syria got bombed but Comey did a better job bombing Trump Sunday evening, and now on Monday, Hannity is somehow involved.
The crime shows I watch every week lack imagination and plot by comparison:)
9
I disagree with the idea of a special master. It wrongly impugns the SDNY FBI agents. If a special master is appointed, they must have a short leash and must release information very quickly--days, not months. The nation is at risk!
17
Kathleen. How about Preet Bharara?
6
Preet Bharara would be an excellent choice...and so in synch with KARMA.
3
Fasten your seatbelts. It is going to be a very bumpy ride.
22
Hold onto your bar bags.....
4
If this is all a big nothingburger, why all activity from Cohen, Hannity, et al?
28
If I were the FBI or a DA from New York, I would be searching for those suddenly purchasing one-way tickets out of the U.S.
8
That thundering sound you heard was Roy Cohn, a real fixer who would never find himself in a mess like this, spinning in his grave.
18
Wouldn't it be lovely to be so rich that you can afford to send a bevy of high-priced attorneys into a courtroom for this nonsense? Common sense could have easily predicted this outcome. What next? Will they file a motion to declare the ruling be vacated because the judge is a woman therefore she can't be objective? (Remember Trump declared Curial couldn't be objective because he was Mexican....)
65
Let’s get things straight: Cohen said paid Stormy Daniels out of his own money. When trump was asked about this, he said he didn’t know anything about it. The FBI raided cohen’s office and trump is screaming unfair. If he didn’t know anything about anything, why is he so hot under the collar? I am fully expecting Cohen to flip. He’s looking at disbarment, time in a federal prison for money laundering, and probably a huge fine. Another rat for Mueller to flip.
134
Normally I would agree that Cohen could be a potential cooperating witness for Mueller in order to lessen the consequences of any crimes committed. However Trump has recently pardoned Scooter Libby which sends a clear signal to all that he will use his presidential powers to protect them and ultimately himself.
Ultimately George Bush, against Cheney's wishes, would not pardon Libby of his crime of lying to investigators where his administration outed a CIA operative for political reasons. Bush didn't want to inappropriately use his presidential pardon power to reverse the determination of a jury for a crime of a political operative of his administration because of the dangerous precedent in would set. Trump has no such scruples.
7
A presidential pardon only applies to federal crimes. It does zero good at the state level. If any of these people are guilty of acts that are also crimes under state law, they can be charged and prosecuted at the state level and Trump can do nothing about it.
30
I do not think a presidential pardon would have any bearing on disbarment and I wonder if convicted of anything Mr. Cohen would lose his taxi-medallions in NYC? Can a felon run a cab company in that city? We will see where things go this week and next.
5
The more we learn about Mr. Cohen, it appears that he wasn't the sharpest knife in the drawer, but trump hired him anyway. And for that reason, Cohen was willing to take a bullet for mr. trump.
As it turns out, it appears that trump will end up taking a bullet for Cohen.
31
It is possible that trump hired cohen specifically BECAUSE he was not the sharpest knife in the drawer, and BECAUSE of that, he could get him cheaper than one of the high-priced lawyers that seemed to fade away from him in the last few months. Cohen was "hungry," as well as being not such a sharp knife, and trump took advantage of that. (He takes advantage of anyone he can.) trump has this little errand boy/lawyer, cohen, dancing on a string...this little errand boy/lawyer, who never told trump "NO," but would do anything trump asked, no matter how illegal, immoral, or corrupt. Oy vey.
4
All systems go!
Mueller should present Phase I of the case to Rosenstein by early late spring- OBSTRUCTION.
Phase II - Collusion. This will be complete by November. Timing works perfect with a Democrat takeover in the House and SENATE. Impeachment and removal by January.
Phase III- Financial Crimes. Mueller didn't hire the best financial crimes prosecutors to review NDAs. Donald Trump is in the belly of the beast.
No one escapes the Trump administration unscathed...not even Donald!
49
From your keyboard to God's ears.
18
Thank God. That Trump even attempted this interference speaks to his inflated ego and lack of respect for legal due process.
I wish it had been reported what Wood's actual language was when she handed down this decision.
19
From what I heard, Trump's new attorney from Spears & Imes, Joanna Hendon, didn't bring anything new to the table in terms of a legal argument or relevant case law to persuade the judge to do otherwise than what the prosecution wanted to do in reviewing the claimed attorney-client documents and communications (in whatever form). Who or what is paying Trump's legal fees - Trump's "2020 presidential campaign fund." Nice scam, heh?
32
Hmm. Is Trump finding out that laws apply to ALL of us in this country?
35
"A federal judge on Monday rejected an attempt by President Trump and his longtime personal lawyer, Michael D. Cohen, to block prosecutors in Manhattan from immediately reviewing a trove of materials seized in F.B.I. raids last week on Mr. Cohen’s office, home, hotel room and safe deposit box."
As she should. Well done judge. The rule of law lives to see the end of another day in America.
52
It is nice to read others say the same daily, legal prayer of thanksgiving.
8
I assume now that Trump is having a temper tantrum and referring to Judge Kimba as "that so-called judge" -- which is his right, to vent before the house of cards of this consummately morally rudderless human being comes tumbling down.
32
Trump hired Cohen to shield and protect him from crimes.
Therefore the exception to attorney-client privilege applies, and such privilege does not exist.
19
Perhaps the most interesting aspect of this ruling is that we may no longer need to see trump's tax returns. There should be plenty of material in these records to understand how trump operates, and it may be enough to do him in.
45
say : I find it very troubling that this country has reached the point that one's political opinions are so radical that one wants political opponents to be ' done in. '
1
Plenty of moderates want Trump in prison. Your reasoning is juvenile and specious.
7
Richard, I agree with you. It's the same political climate wherein one calls for their political opponents and critics to be locked up. Who started that (and continues the call to this day)? I have been voting since 1968. I don't ever recall a presidential candidate calling for their opponents to be jailed.
Also, I don't know Say What, but I can easily imagine that what he/she meant by "done in" was removal from office, not removal from life.
11
Judging from the picture accompanying the article, it appears that Michael D. Cohen, ESQ, knows that life as he knew it is over, finished, kaput.
63
There seems to be competing headlines floating around the internet: This is CNN's reportage:
"LIVE UPDATES"
"Judge orders government to turn over evidence to Cohen's legal team."
From CNN’s Shimon Prokupecz and Kara Scannell
"A federal judge ruled prosecutors have to turn over the seized material from last Monday's raid to Michael Cohen's attorneys so they can tell the judge how much of it might be subject to attorney client privilege.
Cohen's lawyer can then share subsets of the material to Trump and the Trump Organization." (645 pm ET)
So, which one is correct?.
12
Which one sells the most advertising ?
Both. Please recall what team trump/cohen was asking for: that nobody can look at the "evidence" until they have the opportunity to go through it and THEY decide what is privileged or not: the Judge said no, that's not the way the law works. She's given them an opportunity to look at the "evidence" to decide which "evidence" they want to claim privilege over....and in the event the prosecution disagrees it will go to an "independent party" to make the determination. So, in a nutshell, everything the prosecutors have in their possession will remain so except for any evidence covered by a successful claim of privilege. I think that's the way it went.
7
Woohoo, let's hear the tapes!
20
Do someone mean to tell me that the FBI hasn't already combed through the material it seized last week? I don't recall there being a court order preventing them from doing so.
14
This is like a murderer asking to see the knife before they can take fingerprints.
53
The judge knows exactly why Trump wants to review it.Not going to give him a chance to manipulate anything.
23
That faraway look in Cohen's eyes in the accompanying photo is perfect. It's interesting to imagine what he's thinking. Hope he's wondering if it was all worth it to protect a man who gives little reason why anyone should protect him.
29
Yes, there's a witch hunt, and it's being conducted by Donald Trump who, less than two months after taking the oath of office fired 46 US Attorneys, including Preet Bharara of New York. Mr. Bharara was pursuing investigations of Mr. Trump, and those investigations may now proceed. The President of the United States is the witch-hunter. His witch is America's legal system.
89
Amen, TFB. And do go back and review all of those federal judicial appointees he's shoved into the pipeline, the vast majority of which are young, inept and wholly unqualified. Coincidence? Not really.
14
It's truly unfortunate that the Federal courts have an ironclad rule against television broadcasting or video taping of Federal court proceedings because today was a truly historic event which every American citizen should have been allowed to see and hear.
Judge Lance Ito, the witnesses, the lawyers and the court personnel were not harmed in any way by broadcast of the O.J. Trial back in 1995. Even the Queen of England found the trial interesting enough to watch every week day for nearly 6 months.
It's my hope that Congress will pass and some President will sign a law mandating that all Federal Court hearings, from the District Court level to the U.S. Supreme Court, be allowed to be videotaped, sound recorded and broadcast with no delay and no permission of the judge required.
8
I’m encouraged. The Judiciary checks the Executive. Again.
41
Interesting to know what evidence, if any, had already cleared the tank - i.e. deemed outside attorney-client privilege - before Cohen, et al, filed application with the federal court. No doubt staff in attorney's office for the southern district of New York were working 24/7 to beat the clock.
Conceivably the judge or her appointed Master might ultimately conclude some of that material was in fact protected. If so, it would be excluded as evidence in a criminal trial along with any fruit of the poisonous tree. But it's hard to unsee stuff and at the very least it helps prosecutors fill in the missing pieces of what is undoubtedly a very intricate puzzle.
8
More than that, it helps prosecutors leak private and confidential details, details that can be used to sour deals, foster animosity, sever relationships ... all in the name of "resistance".
Lord knows what the tweets will be tomorrow morning.
13
Review. Hilarious. They were hoping for at chance of arson, or maybe a flood. As if any decent Judge would allow them near the originals.
SAD.
45
Wonder how Trump will react when he gets back from his taxpayer-funded "planned vacation" at Mar-a-Lago that began today.
51
@notfooled, Trump is actually working. He is scheduled to have a two-day meeting with Japan's Prime Minister in Mar-a-Lago.
Even if Trump is not the most likable person, when falsehoods are spread about him, it gives credence to his "total fake news" hysteria.
3
@Godfrey
Oh, Please! This has nothing to do with whether Trump is "likeable"!
Trump uses his Bully Pulpit (Fox News and Twitter) any time anyone says or writes anything that he disagrees with or doesn't like. It's rare that these criticisms are untrue, especially in relation to the tsunami of falsehoods that flow from his mouth and those of his mouthpieces on Fox News.
In this case, I'd give @notfooled a little break, and just call this a misstatement (not untoward, however, given the number of times this POTUS has used taxpayer money for golfing weekends in Florida.)
And that said, the "fake news" hysteria is part of his M.O., aided and abetted by Fox News and the ignorant complicity of much of his loyal Base. There's not a dictator or wannabee on earth who doesn't seek to destroy the freedom of the press.
12
You do get that he could easily do that from the Whitehouse and save the taxpayers a few million right? Besides if you think this buffoon will be working then I have a bridge to sell you. He will spend his time obsessively watching FOX to get instructions on what he should do next, angrily tweeting insults and threats to the world and babbling to the Japanese prime minister how unfair the world is to Donald J Trump instead of talking about actual policy. We've all seen this episode before. Wake up.
9
Are payments to a love child's baby momma within Mr. Cohen's area of responsibility?
Would Mr Cohen have such records?
Would a judge allow that as evidence as to a pattern of payoffs?
You need a scorecard to keep all the scandals straight.
25
Why would child support payments be a scandal? Maybe lack of child support payments would be scandalous.
Doesn't anyone find it odd that if Cohen was under a criminal investigation "for months" that the President wasn't advised ?
8
Shows have deep the State is ? The president is considered an outsider !
No. Why would the President be advised about the details of a criminal investigation? I mean aside from the fact he would inevitably have told Cohen to start to destroy evidence and be careful with what he said on the phone or in emails. Seems to me whoever (wisely) chose not to tell Trump probably saved him from future additional counts of obstruction and conspiracy.
13
Why do you assume Trump wasn't advised?
The same thing happened in the Flynn case and Trump thought he could bloviate his way through that one.
Let's just wait and see how all this works out.
After all, Cohen is presumed innocent until proved otherwise. (Giggle, giggle.)
7
Good!!! The public needs to know all the facts.
13
After 15 months where are ' the facts ? ' Is this witch hunt going to last for his entire presidency ? I have never seen a president so harassed - from day one . Remember the Women's March ?
1
Yes, I remember the Womens' March. I was at one of them. We didn't harass Trump.
11
You are in no way entitled to updates regarding an on-going investigation. In fact, providing updates during an on-going investigation could, in many ways, sabotage the investigation.
8
The details are interesting when you study DJT.
When pressed about possible collusion he consistently states that no collusion has been found (as far as DJT knows).
He never denies it though... he continues to state that nothing has been found. But he never declares “ I didn’t do it”!
We are starting to find out why.
48
Exactly. Nor does he deny the Russian prostitute story, just says "Do I look like a guy who needs hookers" and about Stormy Daniels "She's not my type" (which doesn't mean he didn't sleep with her!).
1
It was NOT a raid. It was an authorized warrant search.
174
It just felt like a raid, as I'm sure he feels very exposed right now.
5
I would have loved to be there when Trump was told "No" by the judge. He probably said to Cohen, "do they know I'm Trump, you know. The president?" "I'm not to be held up to same laws as everyone else." "I'm going to fire that judge bigly."
29
Bigly recommended!
4
Why do you say she is "feeling her way toward a resolution"? I imagine she's using her brain.
37
As long as the special master isn't Rudy Giuliani, it sounds reasonable.
30
It sounds like Judge Wood will allow the so-called taint team to do its job, but will allow a special master to rule on the taint team’s review by document or perhaps by document category. If the taint team produces a log of privileged documents and non-privileged documents, Michael Cohen’s legal team would have a basis for objecting to documents categorized as non-privileged and the special master could review those documents and make a finding for Judge Wood.
It’s a bit of a cumbersome process, but that may be what Judge Wood is after, and in any event, if the special master moves quickly, it may not slow down the prosecution much, especially as to documents that are clearly non-privileged.
9
In my experience (admittedly in civil cases) it is a paralegal or a very experienced legal secretary/assistant who goes through a file and determines what is privileged and what is not, and if she (nearly always a female) is not sure, she flags the communication or document with a yellow post-it for the attorney to review. This "taint team" is going to be composed of attorneys - not paralegals and legal secretaries. Perhaps procedures are handled differently in criminal proceedings - I never practiced in that area, or perhaps the SDNY U.S. Attorney's office is being extra-careful in the handling of this review procedure so that it would pass the highest legal muster.
8
Two weeks in office, Mr. Trump lashed out at a federal judge who issued a temporary stay on the deportation juggernaut, calling him a "so-called judge." Well, now the chickens are coming home to roost. Judge Woods is a wise old jurist who has seen a lot so-called lawyers and so-called defendants crying that the process is unfair and the world is conspiring to get them. Prisons are full of the framed proclaiming their so-called innocence.
The rumored Cohen - Gazprom connection is intriguing.
41
Michael Cohen's brother is married to the daughter of a Russian connected to a crime syndicate, according to items I've read online - a Ukrainian. Cohen's wife of 23 years is also Ukrainian. The nationality itself doesn't necessarily mean anything, but Cohen's ties to Russia go further. Remember the letter that Felix Sater delivered to Cohen to deliver to the White House from a Russian politician outlining a plan to remove the sanctions against Russia? Remember Felix Sater's email communication to Cohen saying that he wanted to arrange a meeting with Putin regarding constructing a Trump Tower in Moscow and crowing about how Putin could help Trump get elected President?
14
This is an example of the law colliding with karma. Both are stubborn and unavoidable.
DJT is finding this out way late in life.
40
What am I missing here? CNN is reporting that the judge has ordered the "government to turn over material to Cohen's legal team" so that Cohen's attorneys can determine what they want to claim as privileged.
How will their determination of privilege be any different from what Trump's lawyers would claim? The seized material might as well be going to Trump's team if it's going to Cohen's team, right? All tentacles of the same corrupt, monstrous octopus.
7
All it will do is allow Cohen's team to state their case about what is privileged that the prosecution thinks is not. The judge then rules on it. It sounds like fairly standard procedure, if anything about this gang of thugs can be called standard. Your words "what they want to claim..." is not the same as what they will likely get.
In other words they can ask but the judge decides.
6
I'm beginning to feel a flutter of justice coming back into the system. Thank you, Judge Wood.
46
Thank you Judge Wood! Thank you for your consideration to appoint a "special master to assist prosecutors..." We, as a country/nation/state have been down this road before. Presidents are not above the law. This particular one doesn't even recognize the law of the country he is (supposedly serving). Perhaps that is it. He doesn't comprehend "service."
Is the Trumpista strategy to appeal this to the supreme court? Well, let's hope not but here is a piece of Judge Wood's bio: "On December 18, 1987, based upon a recommendation from Senator Al D'Amato,[3] Wood was nominated by President Ronald Reagan to a seat on the United States District Court for the Southern District of New York vacated by Judge Constance Baker Motley. Wood was confirmed by a unanimous United States Senate on April 19, 1988, and received her commission on April 20, 1988. She entered on duty on July 28, 1988.[5] She served as Chief Judge from 2006 to 2009 and assumed senior status on June 1, 2009."
Republicans need to remember that when a republican appointee rules against them, there is little leeway to complain. Nixon learned that.
19
Judge Kimba Wood almost made it to the Supreme Court, but her nomination by Bill Clinton was derailed by the Senate because she hadn't paid some "nanny taxes." Boy, how quaint that seems now, when we consider the hideous actions/activities by the likes of Trump, Cohen, Flynn, Manafort, etc., ad nauseum.
I couldn't be happier that Kimba Wood is the judge overseeing the Cohen case.
119
No, Clinton nominated her for Attorney General.
5
As MSNBC's Lawrence O'Donnell said tonight, Judge Wood voluntarily withdrew her nomination because of having hired an undocumented nanny in the '80's, even though she had paid SSI on the wages for her -- at the time she did nothing illegal.
4
Now the judge is colluding with the corrupt DOJ, FBI, CIA, NSA, DNI, (any more acronyms out there?), Robert Mueller, James Comey, and on and on, to deny the best lawyer in the world the opportunity to review the seized documents. This is a disgrace.
Poor old Donald, everyone of these new-Democrats are against you in this witch-hunt.
I wonder how long will it take for DJTrump to flood twitter.
12
The judge is not colluding. She is merely following the law and accepted practice. Paranoia is uncalled for.
6
I believe that if you reread George M.'s comment more carefully, you will see that it is rather unsubtle satire or irony. Paranoia does not enter into it.
4
"I wonder how long will it take for DJTrump to flood twitter."
Not like he has a country to run or anything.
5
Cohen knows what information was seized as he would be an idiot if he did not have access to the backup files.
10
Cohen would know anyway. Cohen's objective is to have as much of that evidence classified as attorney/client privileged as possible to keep it out of the hands of the US Attorney's office "clean team", the actual prosecutors. The privilege extends only to legitimate legal work not in furtherance of a crime or a tort. Both Cohen and Trump may be toast in the not too distant future.
11
Not everybody has everything they ever worked on or touched or created in notes, etc. "backed up" on a hard drive somewhere.
2
I suspect that there are more records than just those protected by client-attorney privilege. There could also be reasonable limits to the search warrant that need to be abided by.
Can't wait for Hannity's "reporting and commenting" on the Cohen trial. Sean better call Saul cuz Cohen's goin to the big house.
27
Bravo, this is the right action expected. It was ridiculous to think Trump and Cohen to be the ones selecting which files the prosecutors could see. This circus is getting hotter and hotter every minute that passes. The funny thing is that Cohen keeps invoking the ‘client-attorney privilege’ but his activities do not fall within such definition. The ‘client-attorney privilege’ only works for legal advice given by lawyers to clients, but not for the purpose of committing a crime or tort, which is an exception accepted by all jurisdictions. This is exactly what Cohen has done. He has carried out unlawful activities for his clients Donald Trump, Elliott Broidy and the just disclosed Sean Hannity. Cohen is the one fixing their clients illegal messes by tamping down their scandals and silencing women with hush money through shady ‘contracts’. These are not ‘client-attorney privileges’ but illegal maneuvers to hide scandals. The interesting thing is that SH claims that Cohen is not his attorney and DT claims that he does not know anything about hush money. As such, the ‘client-attorney privilege’ claimed by Cohen does not exist. Prosecutors have the right to go ahead and review all the raided documents to get to the bottom of all these scandals. I can’t wait to see how many more scandals will be uncovered and how all these man including Cohen will go down sooner. DT is already in a deep hole and the more he tweets and talks his days in the WH keep shrinking!
37
Most people do not understand attorney-client privilege or the exceptions to it. Cohen is a lawyer and is claiming the Attorney-client privilege from prosecutors.
But the privilege ONLY applies to legal advice, NOT business advice and NOT criminal advice. Trump is terrified of what may be lurking in Cohen's files.
38
The president's request to review the evidence collected by the subpoena, appears to indicate that he has no idea what evidence mr. Cohen's records might reveal and to what extent he may be found culpable. These prosecutors were appointed by him, probably after extracting a loyalty oath. He forgot that they also took an oath to uphold the law and unlike him, intend to uphold it.
23
Cohen’s files are intact in his office. It was revealed at the hearing that the agents were able to “on site copy” the records. Cohen and Trump are free to peruse his recordsat their leisure.
8
It seems Hillary's lawyers were allowed to review and filter emails from her private server before handing them over. Perhaps the President figures that a precedent had been established.
1
So, you think if Clinton did something illegal or unethical that the President should follow her example? What about "Crooked" Hillary? What about "lock her up"? Surely you don't want your beloved Donald to use Hillary Clinton as his role model?! That's heresy.
4
Cohen has nothing to worry about - even if criminality is proven ... Papa Trump can always issue a pardon...
7
Only for federal crimes
6
Not so fast. N.Y. A.G. Schneiderman is waiting in the wings with state and city charges. Cohen is finished.
16
Papa Trump can issue no pardon if Cohen is indicted under New York State law. Sorry.
10
Perhaps Michael ‘Roy’ Cohen should look up before he’s trundled away in his ‘dead man walking’ haze and read the words carved in the frieze of the Courthouse he just exited - ‘The True Administration of Justice is the Firmest Pillar of Good Government’ , written by a real President that ‘knows words’... George Washington.
33
I know this is inexcusably shallow on my part, but when I look at the expression on Mr. Cohen's face as he departs the courtroom, I just have to say that rarely have I seen a photo caption ("Michael Cohen, President Trump’s embattled lawyer, leaving court in Manhattan on Monday.") so perfectly capture what the photo itself is saying.
27
The more Trump and Cohen try to manipulate and ignore the law, the deeper they get into legal trouble. Rank, crooked amateurs.
26
Can someone (an attorney perhaps) explain this to me? CNN is reporting that Prosecutors have to allow Cohen's team to study docs. seized. How is this a rejection of Trump's request as NYT's headline states?
7
CNN is fake news, they try to be like Fox.
I'm confused.
Doesn't Cohen know the contents of his own files? It's as if someone had taken your diary, and you ask them, "What's in it?"
As Johnnie Cochran used to say, "That does not make sense!"
9
Ten boxes of documents are not the same as a diary.
If Cohen isn’t sharp enough to be selective with his clients, he’s probably not sharp enough to label the boxes.
6
Even Hannity said he didn't hire Cohen in a "traditional" sense. Cohen is a fixer rather than attorney so no privilege exists.
Hannity said that he, “might have handed” Cohen $10...I want attorney-client privilege on this" for real estate advice. I guess that in mob speak that translates to, "Sure I'll help Mr.Trump launder Russian money."
The indictment of Cohen is imminent.
27
I'm agnostic at best. Yet, I find myself wanting to fall to my knees and pray for the health, well being, and steadfastness of the prosecutors who will comb through this evidence. All of us, "we the people," are counting on them to save our republic and deliver us from this corrupt, dirty, heinous administration.
52
Does Cohen's face appear to be a bit green? If so, he probably spent a bit of time hugging the courthouse bowl immediately after Judge Wood rendered her ruling. Before we know it, he just may be spilling his guts to Robert Mueller.
19
I think it is a bit late for spilling his guts if he does indeed keep so many recordings laying about. I thought we all learned from Nixon not to tape and from Hillary to delete BEFORE the F.B.I shows up. If people would read a little U.S. history once in a while, they would have fewer problems.
1
POTUS and his crew clearly and simply do not believe that "The Law" and its processes apply to them - in any instance.
Appalling and amazing!
22
@Bob Pennsylvania
Awww, Bob -- I can understand your being appalled, but amazed? As in "surprised"?
Where were you on January 23, 2016, when then-presidential candidate Trump said, during a campaign rally in Iowa , "I could stand in the middle of 5th Avenue and shoot somebody and I wouldn’t lose voters."
He was then apparently referring to the undying loyalty of his Base -- and nothing has shaken them since. But now the rest of us acknowledge that he is a compulsive liar, a cheat, a racist, a misogynist, a philanderer, a man whose entire career has involved skirting the law, and that he has almost since the moment of his inauguration been working to flout the laws of the land -- including firing and, if necessary, destroying those who attempt to bring him and his sleazy accomplices to justice.
4
Good!
Lordy, I hope there are tapes!
31
Who would have thought real reality would be more crazy than reality TV?
31
Another reason to love NY.
33
I'll be honest. If this Clinton and she was doing this stuff, I'd say investigate, because I would be the country first ahead of my political perspective as a liberal. Yet it seems to me, that Trump supporters see only one view. Their own. If it was Obama or Clinton they would be screaming to not allow he or her to see it. Impeach. But their own guy? Everyone else is a liar or a god forbid, a Democrat.
25
What are the FBI and government hiding? The law is very clear that if the government charges someone, the government is also supposed to share their evidence with the accuser.
1
I believe that the issue here is that Cohen & Trump's attorneys want to right to cull the information and remove what the don't want the FBI to see. The same hiding by Trump et al that has been going on for a very long time.
5
You’re getting ahead of the facts at present. Warrant was served, and the government has the right to review the evidence which was collected. No charges have been filed as of yet, but if and when they are, the government will have to share its evidence and any exculpatory evidence.
11
Evidence sharing via Dscovery occurs after ndictments, not before. The ones who have been charged can see the evidence. The ones not charged in Cohen’s case will see theseized material before indictment according to the ruling today by the judge. Trump, no as this material was not seized from him directly.
11
The review by a special master is an ideal solution: (s)he would have absolutely no interest in the outcome of the litigation and, after providing an appropriate conflicts check, would be trusted by both the government and Mr. Cohen's counsel.
There's another person involved in this case who served honorably as a special master in the Volkswagen emissions settlement and distribution thereof: Robert Mueller. Judge Woods would do well to find a master with Mr. Mueller's impeccable traits of professionalism and honor.
22
Now I'm comprehending why the search was conceived, sought and executed with the threat that evidence may be destroyed if haste wasn't made. It's pretty clear there are things in there Trump and Cohen wish would have disappeared at least a few weeks ago....
119
What makes this nightmare so frightening is that Hannity and the others at Fox have brainwashed so many of our fellow citizens that they don’t even THINK (I could end the sentence right there) about watching any other network or reading anything beyond the National Enquirer and totally right-wing publications.
It is even MORE frightening that 42 percent of voters support Trump—and that actually is an increase despite what he says and does on a daily basis.
Wake me up....PLEASE!
160
And now the percent of voters in support is rising ... their trust in career government bureaucrats rapidly eroding.
7
You make it all sound so simple, but then so does Breitbart. Stay tuned and you will be officially enligtened.
2
Blocking immediate review is a win for America because it delays the investigation. With any luck we will have a Dem house when the trial comes.
10
Reread the story. The request to block immediate review was denied. Which is good for America because it will let prosecutors move forward with seeing what's in those files.
15
Another trump win! Because he can now tweet how unfair the justice system is to him, how biased the judge is, how the FBI and the State of New York are colluding against him (because there's no proof he colluded with anyone!), how his inaugural crowd was the biggest ever, etc., etc.
12
Of course the judge is a Reagan appointee who was unanimously confirmed by the Senate but that won't stop Trump from telling his clueless supporters that she is part of the "witch hunt."
6
Cohen’s attorneys have apparently misrepresented Sean Hannity’s status as a client of Cohens. And incorrectly asserted Hannity pled not to be disclosed as such. One less reason to trust the integrity of Cohen’s legal team’s review.
12
By the end of this, at least many folks now yelling, "Atty.-client privilege", will finally learn what that means. It's not nearly as broad as these folks, now yelling, seem to believe it is. Or put another way, just because a person is an Atty., does not mean, everything spoken to him/her, is somehow protected by A-C Priv.
21
As other perceptive people have commented here, we can thank our lucky stars that Trump has come from NYC. It's just the very best place to get him.
59
Wait a minute! If Trump can't examine whatever evidence prosecutors have seized, how can he possibly tailor his next lies?
47
Re "...the judge, Kimba M. Wood, signaled that she was considering appointing a special master to assist prosecutors if and when they cull through documents..."
That is why the "Taint team" was assigned the search and seizure of Mr. Cohen's data.
However, do we have any reason to believe that the justice departments would act on behalf of mr. trump?
1
I wonder how long we are going to have to wait before Trump attacks Judge Wood in a tweet? According to her bio she is tough and brilliant, plus at 74 a vastly experienced jurist. Might not be such a good idea for the tweeter in chief, but he may not be able to stop himself.
51
I hope he does...he is classless and possesses less maturity and self control than a two year old. Let him keep digging his own grave....
4
What Mr. Cohen lacks in brains he more than makes up for in chutzpah. Did he really think a judge would rule in his favor?
19
What a relief to see that Trump may finally be held accountable. A little faith is restored in our system of governance.
60
Sounds like the judge wants to accommodate Cohen and Trump. Wonder how much evidence the special master will shield from the prosecutors. Wonder if Trump will ever be driven from the office he did not deserve in the first place. Given our wonderful legal system, I'm guessing that he won't.
8
It looks like she is thinking that a special master would assist the prosecutors, which I didn’t interpret to mean separate review cycles...
5
No man, including the President, is above the law and it's accepted traditional proceedings. Hats off to Judge K. Wood.
48
Preet Bharara was very close to putting Donald Trump behind bars before he was fired. If that isn't obstruction of justice, we have lost our country.
28
Isn't this normal DOJ procedure with a special team not involved in the prosecution?
125
Not in all cases, but in a situation like this where an attorney's files are involved, it would not be unusual. There is also a special team at the DOJ for this type of work.Here, a special master, a retired judge, for example, might be a path of less controversy.
5
She can also order both, with the special master arbitrating issues on the fence. She wants it underway soon, it's clear.
1
Yes.
I was a prosecutor (albeit a state one) for many years.
Attorney offices have been and can be the subject of lawful search as long as probably cause shown .
Otherwise, a mere law degree would be an impenetrable shield against all kinds of shenanagins.
Business advice , unlike advice given in anticipation of liltigation has no privilege (Cohen was not so much a litigator- more of a "fixer" .... Uh oh for him)
Nor is criminal activity privileged. (duh)
Taint teams are SOP, as is 'in camera' review (determination by the judge) or appointment of a 'special master' (advises the judge on the determination.)
The only thing that is unusual about this is that it involves a sitting POTUS. (who is learning the hard way that he is not above the law,)
3
Trump and Cohen should never be permitted to see the government's evidence. Not at trial, not on appeal. Never. Since when does trump get the right to see government evidence? That is for the prosecution, the judge and the prosecution's jury. The role of trump is to go to prison and not pass go. He has no rights!
16
Trump has a right to see the evidence if it is used against him, he just doesn't have the right to decide what the investigators get to see. This is not Russia--yet.
21
Failing 45 is a lowest of the low, but he still has a defendant's right to evidence discovery.
4
Pretty sure a defendant, or at least his/her lawyers, gets to see prosecutor’s evidence against him/her.
2
It doesn't matter if it is President Trump of if Hillary were president. What has been done threatens the freedom of all Americans.
We go from Trump being investigated for collusion with the Russians that has produced zero evidence after over a year to the raiding of Trump's attorney offices seeking information regarding his relationship with strippers.
Hopefully those involved in this illegal political witch hunt will be brought to justice.
3
@Don ..we do not yet know what evidence has been found in collusion as the investigation is ongoing and the results have not been reported. . So far, 19 people are being "brought to justice", including Trump's campaign manager, as a result of Mueller's investigation. I would imagine there may be more as the truth unfolds.
I see the President as the largest threat to "the freedom of all Americans," with his disregard for the rule of law.
14
Apparently Trump's own appointees in the justice department disagree, and believe that there is enough evidence to pass down several indictments, and spread the investigation to related matters. You nor I will know if there is "zero evidence" until the investigation is complete and the evidence is made public. All we know now is what has been leaked by Trumps associates talking about what they were questioned about. Mueller's team is professional and discreet. Though you are correct that it doesn't matter if Don or Hillary is President--both would be subject to the law.
5
This is not part of the Mueller investigation into collusion. This has to do with suspected criminal activity on the part of Cohen. That is why New York is handling it.
It just happens that Mueller unearthed something that pointed to possible criminal actions on Cohen’s part, so he handed that 9nformation to the FBI. Are you against the FBI investigating possible criminal activities?
5
My fear is…all this may result in a Mike Pence presidency.
What's virtue in that?
14
god works in mysterious ways. he even manages to use sinners to accomplish his will. :)
1
Mike B: Pence may also be implicated in Mueller's investigation. And if the entire Presidential election is found to have been compromised/tainted/stolen, then they must all be removed.
4
Trump's repeated efforts to block Mueller's investigation reveal his guilt. He has every reason to do ANYTHING to escape conviction. And what's strange is that his supporters routinely ignore this behavior. In fact, Fox News (on line) does not mention last night's Comey interview.
21
Thank thank you Judge Wood.
11
I heard Trump was a really good boxer in military school. I'm sure he knows full well what a one-two punch is. Usually followed by a knock out. 1......2.......3........4.........5...............
9
That was a Hail Mary. Nice try, though. Can't wait to hear what "advice" Sean Hannity was getting from Cohen.
15
Meanwhile Jarad can’t get the documents into his fireplace fast enough. !!
17
I bet Javanka flipped last year and have been wearing Mueller's wire ever since.
This isn't the Soviet Union, Donald.
9
Fortunately for Trump he only hires the very best lawyers.
26
NY doesn't put up with Washington's nonsense. Let Hard nose, Real Justice prevail. No lies or fake news here.
15
Go Southern District!
3
The President doesn't know Stormy. He doesn't know about the $130000 payment. Cohen confirms Trumps know nothing about the payment. What is there to review?
13
We'll find out eventually
2
@RNS - If Cohen actually acted on behalf of Trump without his knowledge (unlikely), then Cohen's $130,000 payment could be considered an illegal campaign contribution.
3
No one is above the law!!!!
The rule of law will win.
Justice will be served.
DT and his cohorts will have plenty of sleepless nights.
Our nation is under siege by this corrupt administration and our judicial system will save us!!!!
18
How can anyone be in disagreement that this was the right decision? Trump and Cohen are dirty and they want to get rid of evidence.
25
You get to challenge admissibility of evidence. You don’t get to keep it from prosecutors.
35
If anyone has written evidence of Trump’s dirty dealings, it’s Michael Cohen.
But, oh man, Kimba Wood is the woman Bill Clinton nominated to be AG and who then had to withdraw because she hired an undocumented immigrant as her nanny. Looking forward to the next twitter storm.
9
Nominated to the judgeship by Ronald Reagan. It was not then illegal for her to hire the nanny. And she actually paid the taxes. Yes, I know it doesn’t matter…
7
Well then we can being up how he uses the visa program to benefit himself and his hotels. Plus, i doubt it would take much to find an illegal alien in his background...oh, wait, didnt he marry one? (A cheater, in any case).
1
Yeah, that'd really help Failing 45's case!
1
Hmm. Perhaps the witch hunt will bear fruit that will not put Trump in a positive light-as if he needs help.
If there was nothing to see, why be so concerned?
And to think the crooked and conniving grifter was calling Hillary crooked not too long ago.
20
Add one more more effort by Trump to obstruct justice. Seems like Trump has given Mueller a tall pile of public evidence for trying to impede the justice department.
27
This is pure speculation at this point, but it's worth mentioning: Cohen was operating his law office (for his three clients) out of the Squire Patton Boggs offices. SPB are the lawyers for Cambridge Analytica and have close ties to Gazprombank, as they are Gazprombank's principal lobbying firm in the U.S. Gazprom, of course, is the largest Russian oil firm, and a lot of Putin's personal wealth is believed to be tied up in the firm; he is rumored to own 5 percent.
It's not impossible that Cohen's office at SPG was indirectly one of the ways that Russia could keep tabs on Trump. Cohen (who doesn't seem to be the brightest guy) could conceivably have been receiving legal advice from SPB, or alternatively, his phone calls from their offices could have been monitored. Russia seems to have been good at targeting the weakest links in the Trump machine -- as was the case with Carter Page, also not the sharpest guy.
Trump's willingness to surround himself with yes-men who are loyal above all else may prove to be a tremendous vulnerability; if Russia got to the yes-men then they could get to Trump.
The less sinister interpretation, perhaps, is that SPB was willing to take on shady clients and relationships if the price was right.
408
Good move. I wonder what their next attempted obstruction maneuver will be?
11
Upon filing the motion both Trump's and Cohen's lawyers should have submitted a "privilege log" in which one or the other laid out the files, or portions of files, that either or both deemed to be privileged, rather than claim that he had "a thousand" clients. Why would a judge trust the legal team(s) that, like their client(s), have (has) so little respect for the truth?
27
That assumes Cohen is a competent lawyer and knows what he had, what was taken and what it contained. Given his performance on the legal stage to date, few would reach that conclusion. His NDAs have gaping holes a first year law student would pick up, and I see no reason to think he's any more competent at his other legal work.
3
Seems to me your headline is misleading. The judge may have rejected the proposal to let Trump's lawyer pre-screen the materials, but that was just Trump's legal team's first offer. They had already said that they'd be satisfied if an independent prosecutor could do the pre-screening. So in that sense, they have succeeded in blocking immediate review.
The FBI will not be allowed to see any documents not directly related to the evidence that led to the search warrant in the first place.
Which means (sadly) that this is not going to open a window into any other shady business dealings in which Atty. Cohen may have been involved. That will take longer.
8
Mueller just opened a second front. Very clever.
Now there are two trains running on the Trump Express to oblivion.
48
Tremendous interference with client attorney confidence. Expect actions of like kind in those steering this travesty
4
You're wrong. Attorney-client privilege gets overruled when the attorney might be participating in a crime with the client.
17
The fact that Cohen is a lawyer and that Trump is his client does not mean that all communications between them are privileged. Only those pertaining to legal advice are. Not those pertaining to acting as Trump's fixer.
8
Your opinion does not seem to be in line with the American justice system. I hope you are not a practicing attorney because you are not familiar with our laws.
6
Well, this answers the Trump "Where's my Roy Coen" interrogative; the Judge should just legally remove the silent "h" from "Coehn" and Trump would have his Coen resurrected.
6
“Growing debate” as to the impartiality of the investigation. The only debate is between Trump and the TV he’s yelling at.
28
I seem to remember that when it was a case of Hillary Clinton s emails, she and her office went through what was on her server files and submitted what she thought was relevant, declaring that all the rest was personal. I wish someone had contested that back then, before it set a precedent, because I really hope that the evidence, if there is any, is kept safely out of the hands of any possible defendants.
6
That’s the difference between a subpoena and a search warrant.
15
MR California Pending Approval
Thank God. Perhaps this is the beginning of the end for mob boss POTUS Trump. And if evidence is found supporting the allegation that Cohen was in Prague then the end may come quickly. May it be so.
18
Thank God. Perhaps this is the beginning of the end for mob boss POTUS Trump. And if evidence is found supporting the allegation that Cohen was in Prague then the end may come quickly. May if be so.
10
A special master is probably the best for all concerned. A lawyer who knows what _ specifically _ is covered by client attorney privilege. This is better than a so called taint team as the latter are Justice department prosecutors - even if at arms length.
So he blocks that and returns it to Cohen. The rest gets copied and handed over to the state investigators and attorneys to continue the "witch hunt".
7
It seems easy to conclude that a headline that a party showed up at his own hearing is spurious. But the Times is right to headline it. As we know he spent the last hearing outside smoking a cigar. It is not required that anybody but the lawyer show up but it's usually good form for the client to appear until and unless the judge indicates it's not necessary or worse. Not a good opening move.
7
There is finally a glimmer or light at the end of Trump tunnel. Maybe I'll be able to sleep without the fear that when I wake up I'm living in the USSR.
17
The only thing that I can see Trump getting out of this is that he can use the inevitable defeat to advance his narrative of victimization. Could that have been the purpose of the request?
6
What exactly is a "special master"? Presumably, it would be someone who has no bias or prejudice with regard to material that might turn up in the documents. What if there is evidence of malfeasance that interactions between Trump and his attorney might reveal—other payoffs, money laundering, whatever— would the special master then decide whether it may or may not be used?
There was a valid search warrant. The files should be examined by the prosecutors.
41
Brace yourself Judge Kimba M. Wood for tomorrow morning's Tweets after Fox & Friends. Can I suggest watching Fox News with family and friends during a breakfast brunch at your favorite restaurant?
14
Watch Sean Hannity, Jeanine Pirro, Laura Inghram, Jesse Watters, Steve Doocey, Brian Kilmeade, Tucker Carlson, and others to begin a character assassination of Judge Kimba Wood.
78
Even if she’s the Tylenol Killer, that doesn’t affect her rulings.
2
From my understanding, of the law, materials involved, in prosecution of a case, are only released to the defense, when there is an indictment. Nether Cohen or Trump have been indicted, or even charged with a crime. And, there may never be a charge or an indictment.
So, if Trump, and his lawyers, are petitioning to see documents, there this could be seen as some level of guilt.
Politics, aside, the judge did the correct thing. That is what rule of law is all about. Anyone, from a multi-billionaire, down to a clerk, is entitled to due process. But, also, the prosecution has the right to determine if thee is enough evidence, to warrant filing charges. What Trump is doing is trying to interfere with the legal process. I hope the judge also warned Trump's attorney that they were crossing a legal, ethical line.
The bottom line, if Trump and Cohen, did not do anything wrong, they should not be concerned. If they did, this will be revealed in short order.
845
There may not be an indictment, but how many people have been dismissed without a trial in the last few months? The concern is that this is an escalation of the so called "resistance" intended to harass all those who support Trump. We know there are cases of government bureaucrats abusing their positions to harass people for their own gains. Comey seems to going to the bank, leveraging his former position at the FBI.
1
SSS,
The biggest abuser is Trump himself. As fro Trump supporters being "harassed", they have been doing their own job of harassment for a number of months. By the way, Comey has nothing to do with the events outlined in this article. Trump, and his lawyers, tried to impede an investigation. A judge put rule of law over the wills of Trump. That is not harassment.
20
What is Trump so afraid they will find something? This man is obsessed with himself. This is Cohen's problem right now. They may only look at things that are criminal, so what does our illustrious leader fear??
This is a great lesson for my students. Three branches of government and democracy in action. Kudos to the justice department.
121
What am I missing here? How could this have been ruled any other way? When does the alleged criminal EVER get to decide what evidence is not admissible?
578
The court gets to decide but you’re allowed to argue your point of view.
1
Didn't Hillary Clinton decide what emails to hand over to investigators from her home-based server?
1
Apparently when the alleged criminal is a republican president.
3
Another stormy Monday in New York. Can't wait until Tuesday.
With respect and gratitude to Gregg Allman.
31
Stormy Monday was written and first recorded by T-Bone Walker.
5
Actually, Stormy Monday was written and recorded by T-Bone Walker - although like so many others, I'm sure Gregg Allman did a nice version of it too.
1
...and Wednesday's worse, and Thursday's oh so sad. Hehe.
3
Next they might suggest that trump will review the data and after doing so, produce a signed affidavit attesting to the fact that there was nothing illegal to be found - just like how the trump team proposed dealing with the Mueller probe several months (gosh, it feels like years) ago!
26
An independent judiciary in New York is even more fearsome to Trump than Mueller. Trump can't fire or influence his way through this one.
318
YOU LOSE BUCKWHEAT!
Sorry, just had to do a little dance, even though the end zone is a ways off.
"The council was essentially a council of courtiers. Little attempt was made to find the most experienced man for any special task or to make use of his ability; the King preferred to chose from his friends and servants those who were the most congenial to him, in the ill-grounded belief that he would find in them the knowledge and technical skill that was wanted."
I am reading CV Wedgwood's history of the English Civlil War, from which this quotation is excerpted. The King in this case lost his head.
Those who don't learn from history, etc.
133
I'm just a layman but it seems like a crazy request. Why would a judge allow the defendents to determine which documents the prosecutors can read.
Trump, Cohen and apparently Sean Hannity may be looking at very serious charges. I'm especially concerned that Donald Trump or some of his supporters may try to disrupt the case.
Trump has repeatably said he hasn't done anything wrong. If that's true I would think that he would want to let the case proceed so that the situation is cleared up.
64
"if that's true?" Ha!
3
When he starts tweeting that he hardly knows Hannity and never met him, you can expect him to resign the next day.
1
Mr. Cohen worked on his "dead man walking" expression over the weekend. he certainly had it perfected by the time he left court today.
226
He looked as if he'd just been smacked up-aside the head. Howdy! He sure looks like he knows darned good and well that he is really in for it, this time and can't see any good way out.
8
Ben Stiller has to work on it now
8
Combined with the dramatic scene earlier in this episode, where Hannity was named as the secret client, this is normally the point where I run tired of the show alltogher. As the plot becomes way to unlikely to have happened in real life, and you start blaming the writers for having lost control of the story and characters. And desperately have to resolve to cheap soap opera tricks to save the show from fallling apart.
68
Let's hope the show is cancelled before the second season!
9
It’s “jumped the shark” ;-)
4
Or brought cousin Oliver aboard ;-)
1
Democrats must take back the House AND the Senate this November.
We must stop this corrupt president and his quisling Republicans in Congress from appointing anymore judges.
These are lifetime appointments and President Trump has been putting up overwhelmingly under-qualified, majority white male candidates.
We must save our Republic and the rule of law in this country.
461
Absolutely!!!!!
3
It is not enough for the Democrats to beat the Republicans. They have to be willing to do what the working people need. The rich can take care of themselves.
If the Democrats get into office and refuse to fight again, it will be worse than if they lost.
5
Time to see Donald's Dirty Laundry so all the world can witness the unspeakable wretchedness of this "tiny, tiny, tiny little man".
537
Perhaps his tax returns are in Cohen's files?? A girl can hope.
9
Maybe instead of being heralded by " Hail to the Chief," The Don could be greeted by Don Henly's "Dirty Laundry." Seems apropos, no?
6
The attorney-client privilege the basis for the objection to the introduction of evidence at trial. Until that point, there is no means to assert it and to have it recognized. Of course, there is a separate obligation of an attorney to preserve client confidences, but the search warrant relieved that obligation.
10
I'm sure this is no loss for Trump. If something is in writing, if it has words, if it has no pictures, he wouldn't review the papers anyway. It must have been one of his official readers who made the request, some junior legal beagle protecting the chicken hawk.
10
No one can doubt that Trump would become his own Rosemary Woods if he got anywhere near the seized material. So would Cohen based on his past obeisance to Trump.
Thank goodness the courts are not bending to Trump's will the way the Republicans in Congress and Pence have so far. If they were doing their job, Mueller and the NY attorney general's office would have a lighter workload. Trump has done everything short of chewing off his own paw to get out of the trap he's sprung on himself.
108
Pence is the fox sitting next to the hen house waiting for the current occupant to be led out in brand new jewelry
5
I feel as though I'm getting my country back, that the American people are finally seeing some light at the end of this tunnel of horrors created by Trump and all his cohort and enablers, from Ryan and McConnell to Cohen and Hannity. Thank you, Judge Wood, Robert Mueller and all those who stand for the rule of law. Full sped ahead!
137
Try not to feel at all comfortable. This will be a process and take longer than we think. We must succeed.
18
Oh lord no. We are still hanging by a thread. It’s incredibly dangerous at this juncture. Republicans are still entrenched and he could hold the whole world hostage.
1
I have never cheered so hard for an abstract institution in my life. Go, Constitutional law, go!
329
Do we not recall that Trump more than hinted at an armed insurrection if he lost the election because it was "rigged?" This judge is taking the long view of this, a likely scenario being that there's sufficient criminal evidence to bring an indictment against Lawyer Cohen and President Trump. And then what will be the "President's tweets" --- how will he more emphatically and more dramatically call his minions to war against the establishment. Judge Wood is being mighty careful and for very good reasons.
74
Great observation. We've come too far to drop the ball at the five.
4
I'm laughing so hard I'm crying. This is unbelievable. There are some people of principle still out there.
81
I think it's a fair decision. For one thing, most of the materials of interest are not part of legal works so its not privileged. The possibility that Trump and Cohen would try to hide or destroy incriminating material if they were allowed to review it before the prosecutors, is quite high to say the least. I believe that we're in for quite a shock when the scope of mischief from both men is revealed.
48
Trump hates to lose control. He thinks he is above the law. Well I hope he and his gangs don't get away with more behind the scenes slimy (il)legal acrobatics. They have to be held accountable and be under the same legal scrutiny as with all American citizens who are suspected of criminal activity. He is a US citizen, isn't he? Someone should check.
35
I’m glad Judge Wood denied trump’s absurd request. I’m more glad she’s considering appointing a special master. Cohen needs to be dealt with according to the law he’s supposed to uphold (though it seems he’s not above bending it til it breaks...). Same with trump. However, trump will rant and rave on any platform he can get about how unfairly he’s being treated ( which is actually hilarious). So having someone who’s above reproach oversee the process of combing through Cohens product, and winnowing the relevant from the irrelevant should satisfy all. It won’t satisfy trump, but at this point, I’m sure most people are tired of his denials and bellyaching, so who cares if he throws yet another tantrum?
25
"Feeling her way" toward a resolution? All accounts I read of the hearing indicate that Judge Wood had a masterful command of both the legal issues and the people in her courtroom.
47
Thank you. I had the same reaction you did when I read those words.
I question whether a male judge would be characterized as "feeling his way" towards a resolution.
Stunning. Is the judge really denying the lawyer the right to examine documents so that he can argue retention of those that maybe subject to attorney-client privilege? That privilege may be overridden if the documents have been used, or a part of a crime, but to deny the lawyer the right to claim privilege seems to be prejudging the issue.
4
That's not the ruling. A special team of lawyers will review and protect any privileged material.
18
The judge has a list of Cohen's clients now, so the taint team can determine which communications involve those clients, and then if they are privileged or not.
14
I see nothing stunning. Michael Cohen has already seen every document and could already argue retention as you suggest.
Trump/Cohen/and now Hannity are all grasping at straws.
13
A federal democratic party registered Judge Kimba Wood in NY appointed by Reagan has violated Trump's right to review the seized material. The most powerful world leader is not allowed due process in his own country. This will justify any legal response that Trump can think of. There is a bipartisan consensus that the FBI director James Comey should have been fired during the Obama years and the firing of Comey by Trump was justified. Although I do not think that Trump should fire Mueller who seems to have opened a can of worms that are wiggling out of control but if he does decide to do it for good legal reasons he will be justified in doing so, Even mass killers have greater rights than Trump and his lawyers. Trump called the FBI raid on his lawyer "disgraceful". It is gone beyond that and it is now disgusting.
8
How can you say that Trump has a right to review the seized material? Can you back that up with legal precedents, real one's, not fake sentences?
159
We’ll excuse your ignorance of the laws and procedures in this country but urge you to become familiar with them.
173
best to learn the law before calling lawful actions "disgraceful"
131
I stand in gratitude of the founders of this nation, their brilliance in creating America's three branches of government, and enshrining them and our rights in the Constitution and Bill of Rights. It is up to us citizens to uphold what the founders established. Our current President has demonstrated he will not.
506
Except for the unwise institution of the Electoral college. That was a clear fail.
3
Definitely a need for reform. One paper suggested the number of electors should reflect only the population of a given state, i.e. there should be no elector votes tied to senate representation.
And then there's Citizens United, dark money, etc.
2
Boy am I tired of the chest thumping about our "brilliant" founders who came up with the constitution. Consider the despised British parliamentary system which the founders moved away from. The prime minister must maintain the support of their party and the house of commons. Trump would not have remained in power a month under that system. Instead we are given an unworkable impeachment process and a years-long constitutional crisis while the country goes to hell. The founders were bungling amateurs. This is no way to run the world's most powerful country, quickly descending into a banana republic.
2
How long before Trump smears her as a "so-called Judge?"
328
He'll no doubt begin with "nasty woman" and slide downward from there.
6
I hope he does. It would increase his life sentence for sure.
7
@NM -- I didn't hear the president say about Sean Hannity, "lock him up"!!
6
If Judge Wood's ruling stands, we are witnessing the end of the Trump presidency.
102
Amen
4
The best Trump can hope for is tweeting about Judge Woods "bleeding from her eyes or somewhere" in hopes of getting her recused. I doubt the American people or her colleagues would take that very well.
1
Bravo, Judge! Why would Judge Wood, or America for that matter, give trump’s counsels the opportunity to privately destroy incriminating evidence? Because they certainly would. Don’t give up the advantages, or the evidence, that the search warrants gave us. This really is domestic war! And assume that with this administration’s continuing conspiracy to hijack our Country, no low is too low a tactic for them.
113
Here we are watching with bated breath, hoping the rule of law and our much-vaunted “checks and balances” hold firm.
Unreal.
94
This seems different than what other media are reporting. They are claiming this actually is a Trump victory.
4
Which media, specifically, are those?
9
I think the judge ordered the prosecutors to turn over a copy of what they took. They were not ordered to return anything to Cohen. Instead, they will be reviewed first by either a special independent FBI legal team unaffiliated iwth the particular investigation or by a legal team appointed by the judge. So Trump can claim this as a victory if he so desires.
1
I did not see those reports. can you provide a link?
2
Probably just “real estate” deals, as in selling condos for cash to Russian mafia to launder the money.
94
I haven't had this much fun since Watergate.
35
“Judge Wood, signaled that she was considering appointing a special master to assist prosecutors if and when they cull through documents seized in the raids.”
That’s not a good move. Why can judge Wood render a decision without a fallback plan?
1
So when she decides not to use a special master she gets credit for at least considering an alternative to immediate review.
3
Thank you, Judge Wood, for preventing the POTUS and his minions from obfuscating the situation further and removing more proof of questionable and treasonous behavior. I hope that you can control the rest of this situation like you did this one. I wish you and the Prosecution much luck in handling this mob of circus performers.
51
Hallelujah. There is a check on the executive branch.
25
No one is above the law.
34
Cohen knows what was seized - it was his created data.
Why doesn't trump just ask Michael, and maybe Sean?
32
Exactly.
1
The review was likely just a stalling tactic. They know the info will get out but if they get to do a review they can slow walk it and delay for a few months.
Thank you judge. That's what an ethical judge does. Trump is not, and will not be above the law
319
Mr. President, this is what is called the rule of law. We know you despise it but that's the way a democracy works. Get used to it. This is only the beginning.
608
And yet, my friend, Trump can't say enough about "law and order," and that "we are a nation of laws." He wanted law, and he's got it! Trump just doesn't grasp that he and his associates are answerable to our legal system, too.
94
we hope.
1
He doesn't despise it. He doesn't know what it is - never heard of it.
5
How adorable, the subject actually thinks he has the right to review the seized materials first before the investigators.
675
Why not? In Trumplandia everything is upside down, starting with Truth.
14
Trump is just acting like any other Crime Boss.
12
Bless his heart.
1
Deciding what's privileged and what's not is a question of law. It's will be up to the judge or a quasi-judicial appointee, like a special master, to decide. Attorney-client communications are not privileged if they are used to further a crime or fraud.
In Clark v. United States, the U.S. Supreme Court itself stated,
"A client who consults an attorney for advice that will serve him in the commission of a fraud will have no help from the law. He must let the truth be told."
There is no justice without truth. Surely, the Chief Law Enforcement Officer in the Land will support the truth being told.
Maurice F. Baggiano, author of The Federal Rules of Evidence, Deconstructed: A Benchbook for Lawyers, and Member of the Bar of the U.S. Supreme Court
336
""A client who consults an attorney for advice that will serve him in the commission of a fraud will have no help from the law. He must let the truth be told." ".
That is possibly the fear that Cohen, Trump and Sean harbor.
17
There is no surely about it, sadly.
2
“Surely, the Chief Law Enforcement Officer in the Land will support the truth being told.”. Is this what they call irony?
7
Why does the NY Times, and other outlets, continue to refer to the actions taken as "raids"? The FBI executed duly authorized search warrants. The misleading--and loaded--use of the word "raids" suggests that there's something illegitimate in having conducted the legally authorized searches.
983
An unannounced search and seizure seeking criminal evidence is commonly referred to as a raid. There is nothing illegal about the term or the practice, when executed with the pertinent warrants.
24
The term "raid" does not connote illegality.
10
Aw, ACH, come on. Cops raid. In this case they're the good cops, but it's way cooler to say the FBI raided a place than to say they executed duly authorized search warrants. Raiding and breaking and entering are different!
The federal judiciary will, in the end, be our democracy’s fire wall against Trumpo’s authoritarian and fascistic tendencies...and Kimba Wood don’t play.
78
As this progresses and Trump panics he'll fire Rosenstein, Muller and Sessions, naming Devin Nunes as AG, sparking our next civil war.
1
The problem with any reviewers besides the taint team is that only the prosecutors are able with any specificity to know what communications constitute obstruction of justice. Their knowledge of the evidence obtained thus far clearly could be crucial in making the distinction between privileged and evidentiary communications. I hope the judge will not appoint a special master.
10
The reviewer are not judging whether the documents constitute obstruction. They will determine which documents are protected by attorney privilege or are irrelevant to the investigation Cohens fraud.
1
Why does Trump care about what the prosecutors might discover? He has repeatedly stated he didn't do anything wrong. For someone who isn't guilty of anything, he is certainly acting like a guilty man. I expect he'll be bringing up the concept of self pardon again soon.
1046
He already did last week by pardoning Scooter. That was a useless move only intended to send out the signal that he has that power to his disposal if/when needed.
34
He certainly did many things wrong. He cares about the things that have not been uncovered yet and that will 'tarnish' further his already disgraced reputation. Based on his actions, behavior and malfeasance, it is easy to grasp why he worries. Things could be several: a) additional adultery affairs and hush money to silence the affairs; b) he is not really rich and does not own real state because he owns billions of dollars to Russia, Kazakhstan and other countries due to corrupt 'business dales'; c) he got money from Russia to support his campaign or d) there are documents revealing his taxes -where his money comes from and how much he is worth.
10
self deportation would be better...
5
The judge is merely considering an independent master to review the documents. It does not mean that she has made a decision in this regard.
16
Good call on the part of the court.
I'm sure that John Gotti wanted to do the same thing Trump asked to do. There is legal procedure in place that protects the attorney-client privilege in sensitive cases.
85
Trump talks a lot like Gotti, too.
7
I remember a presidential candidate for 2016 crowing about his opponent's deleted emails, wondering constantly what she had to hide, deriding her for trying to cover things up, wondering why she couldn't handle the scrutiny.
Many times on the campaign, this candidate clearly crowed about how his opponent clearly had something to hide, leading his campaign followers to "lock her up".
I wonder whatever became of that candidate?
1190
Instant karma came and got him.
26
He didn't exist. He was a reality TV personality.
9
Oh, c'mon, dude, we all know how this works. Just ask any Republican: it's only a crime if DEMOCRATS do it.
And, of course, as the aforementioned candidate made very clear in the aforementioned campaign, a crime committed for the greater glory of Trump is no crime at all.
11
OK prosecutors, roll up your sleeves, sharpen your pencils and get crackin'.
You have a country to save..!!
989
Lol. Hillary trading cattle futures on inside information or purposely using a private server in public office would have yielded better results. We all know Biden was the best choice. The people spoke stop whining.
Actually, you are relying on the Electoral college for your claim. The 'people' spoke and out voted trump by 3 million strong. Just a fact.
3
When this disaster of a presidency is behind us, and the history books are written, there will be only one branch of government that honored the principles of democracy. Only the judiciary has recognized the separation of powers and reined in the corrupt and self-serving swamp that encompasses both the executive and legislative branches.
1497
Which is why the GOP is appointing their judges at a record pace, after stopping Obama...
21
And the Fourth Estate - many receiving their hard-earned Pulitizer prizes today! They too inherently 'recognized the separation of powers and reined in the corrupt and self-serving swamp that encompasses both the executive and legislative branches.' Each and every one must know this will be the most important work they accomplish in their journalism careers. Congratulations to all! Raising a glass and tears of thanks to you this evening!
21
And sadly, Trump is doing his best to change that -- expanding the number of federal judges and trying to pack the system with far right Christian extremists.
15
This shows, once again, that the warrant to search was very strong, that it holds ground, and that the Special Counsel is, in fact, acting within the rule of law.
Donald Trump's lawyers will not be allowed to view this collection of evidence before the Special Counsel sees it. They won't know what the Special Counsel has or doesn't have until its too late.
Just like with Flynn, Stone, Manafort, and now Cohen. Donald Trump's legal team is once again behind the eight ball. What surprise will come from the Special Counsel next?
252
What's next are indictments, though hardly a surprise to anyone.
1
To our Canadian friend and supporter: This case is not about Special Counsel Robert Muller's investigation; it is about the New York Attorney's investigation into Andrew Cohen for crimes he may have committed, crimes committed perhaps in working with [Mr.] Trump in all sorts of matters that a shady real estate developer might have. Many. Many. Many. Unsavory things. "Sleaze balls" often flock together, like birds.
We know how confusing (not to mention Byzantine) our political systems can be. But thank you for caring, Mx C, about the terrible problems of your good neighbor, the USA.
1
oops! Sorry. Not quite awake here.
Michael Cohen, not "Andrew".
And Robert Mueller III.
Let the tax returns be revealed!
520
Mueller saw them months ago. He has done a masterful job of saying "Look at that shiny object over there." Trump and his henchman are fighting out of their weight class.
8
oh..boy..Hope he ain't dirty...if so ,This will be mostly..EVERYONE jumping over each other 2 get thee less time as POSSIBLE
8
Put that embarrassing example of a President in jail.
147
Atta girl Ms. Wood (your honor). Nannygate is small potatoes compared to these crooks.
49
That would be Judge Wood to you...just saying...
3
Perhaps they should be able to review what was seized and then let the prosecutors have it all. May be a good way to hasten the inevitable and coax a plea deal early on and let my country get on with life.
38
I'm confused; CNN is reporting that govt. attorneys should turn found documents to Cohen's lawyer for review?
13
Exactly correct!
11
So when does the Fox News smear campaign against Judge Wood start?
1404
When Hannity goes on.
121
When Hannity goes on to start his spin campaign about why Cohen was ha lawyer too.
22
At this point there are too many to smear and the message gets diluted so far as to be impractical. There are only so many National Enquirer covers to go around, so many hours in a Fox News cycle.
17
I'm glad this authoritarian move by Trump was shot down. But I am bothered that the judge is considering assigning a special master when the DOJ and FBI already have a separate "clean" team in place to make sure the documents are handled appropriately.
This is the case of the people vs. Trump and his associates in a case that may involve financial and electoral malfeasance, as well as treason. Trump has no right to insinuate himself in the investigative process. A judge approved this raid. That's good enough for everyone, including Trump.
---
https://www.rimaregas.com/2018/01/07/politicos-running-list-of-what-trum...
428
Most always agree with your posts in full. But if Judge Wood uses a special master, it might be a hedge against the appeals certain to come later. Avoiding even the merest hint of bias may not be necessary, but wise.
22
Cheryl,
It's a double edged sword kind of thing here. The DOJ is running this. Do we really want judges appointing overseers of the DOJ and FBI? Who oversees the overseers after that?
10
If Judge Woods does decide to appoint a special master I'm confident that person will be someone as squeaky clean and above reproach as Mueller himself. This ain't her first rodeo. As far as Trump's motion to have first review, he is, as we say around here, all hat and no horse.
14
It is fortunate that Trump and Cohen won't have a chance to destroy evidence. The American people deserve a full accounting of criminal activities that Trump engaged in on route to the White House. We deserve to know who helped him and how.
1070
As long as we also get a full accounting of all crimes against him or for him for nefarious purposes by others during his run for the presidency.
Hey guy it’s called CC. Every email will be Cc’ed between trump and Cohen. Attorney client privilege. Cry elsewhere.
The privilege does not apply if it is being used in a crime.
3
bad move by the judge, should have allowed review, now he has a giant loophole to jump through if there is any reliance on these materials to get Trump.
4
I disagree. It seems like a perfectly fair move by the judge to allow independent review (even though such documents are generally first reviewed by a team independent to the investigators anyway). The judge is not a party to some "let's nail Trump" coalition. The USA is and should remain a republic, wouldn't you agree?
65
The special master would be neutral and surely be able to distinguish what should be protected by the privilege and that material the prosecutor can see. Trump will spin it his way no matter what is decided.
107
who is he?
3