FBI agents raided the office of Michael Cohen, the personal lawyer for President Trump and the Trump Organization today. They seized records including documents shielded from discovery under the attorney-client privilege according to Cohen's lawyer. The raid was supervised by the US Attorney for the Southern District of New York pursuant to a request from the special prosecutor.
I don't have exact details of what was taken from Cohen's office. Supposedly, some of it dealt with records of payments to Stormy Daniels. Nevertheless, this is a crazy action by the special prosecutor. Cohen has documents that are rightfully privileged as attorney client communications. The FBI, DOJ and special prosecutor not only has no right to get those documents; if such things were taken, then it was an illegal search and seizure that violates the Fourth Amendment. For example, if there are memoranda memorializing conversations Cohen had with the President about legal matters, the FBI/special prosecutor cannot see them. It violates the rights of President Trump to have legal counsel. This would be true no matter who the lawyer and client are. Indeed, if there is anything in these files that is evidence of wrongdoing or which leads to such evidence, it will never be usable in court because of the gross illegality of the seizure.
I also find it shocking that the special counsel would seek documents about Stormy Daniels. What did she have to do with alleged collusion between the Russians and the Trump campaign? That's the basis for the special counsel's work. Whether or not Cohen violated campaign finance laws is not within the purview of the special counsel. Someone ought to give Mueller a swift kick in the behind to remind him of the limits to his assignment.
We will have to wait to learn what was actually taken from Cohen's office. If, however, the initial news reports are accurate (and that's always a big IF), then this act is truly beyond the pale.
I don't have exact details of what was taken from Cohen's office. Supposedly, some of it dealt with records of payments to Stormy Daniels. Nevertheless, this is a crazy action by the special prosecutor. Cohen has documents that are rightfully privileged as attorney client communications. The FBI, DOJ and special prosecutor not only has no right to get those documents; if such things were taken, then it was an illegal search and seizure that violates the Fourth Amendment. For example, if there are memoranda memorializing conversations Cohen had with the President about legal matters, the FBI/special prosecutor cannot see them. It violates the rights of President Trump to have legal counsel. This would be true no matter who the lawyer and client are. Indeed, if there is anything in these files that is evidence of wrongdoing or which leads to such evidence, it will never be usable in court because of the gross illegality of the seizure.
I also find it shocking that the special counsel would seek documents about Stormy Daniels. What did she have to do with alleged collusion between the Russians and the Trump campaign? That's the basis for the special counsel's work. Whether or not Cohen violated campaign finance laws is not within the purview of the special counsel. Someone ought to give Mueller a swift kick in the behind to remind him of the limits to his assignment.
We will have to wait to learn what was actually taken from Cohen's office. If, however, the initial news reports are accurate (and that's always a big IF), then this act is truly beyond the pale.
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