Posts Tagged ‘Attorney-Client Privilege’

CNN Airs Cohen/Trump Audio Tape About McDougal

July 25, 2018

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“There’s no way the president’s going to be talking about setting up a corporation, and then using cash, unless you’re a complete idiot. And the president’s not an idiot.”

…“The point is the president wanted the transaction to be memorialized.” – Trump Attorney Rudy Giuliani

CNN.com reports that

Presidential candidate Donald Trump is heard on tape discussing with his attorney Michael Cohen how they would buy the rights to a Playboy model’s story about an alleged affair Trump had with her years earlier, according to the audio recording of the conversation aired exclusively on CNN’s “Cuomo Prime Time.”

The recording offers the public a glimpse at the confidential discussions between Trump and Cohen, and it confirms the man who now occupies the Oval Office had contemporaneous knowledge of a proposal to buy the rights to the story of Karen McDougal, a woman who has alleged she had an extramarital affair with Trump about a decade ago.

Cohen told Trump about his plans to set up a company and finance the purchase of the rights from American Media, which publishes the National Enquirer.

“I need to open up a company for the transfer of all of that info regarding our friend David,” Cohen said in the recording, likely a reference to American Media head David Pecker.

Trump interrupts Cohen asking, “What financing?” according to the recording. When Cohen tells Trump, “We’ll have to pay.” Trump is heard saying “pay with cash” but the audio is muddled and it’s unclear whether he suggests paying with cash or not paying. Cohen says, “no, no” but it is not clear what is said next.

No payment was ever made from Trump, Rudy Giuliani, the President’s attorney, has said. Giuliani has previously acknowledged that the recorded discussion related to the buying the story rights.

The recording, which was provided to CNN by Cohen’s attorney Lanny Davis, was made in September 2016.

“What is this about? This is about honesty versus false disparagement of Michael Cohen.

Why is Giuliani out falsely disparaging Michael Cohen — because they fear him,” Davis said on “Cuomo Prime Time.”

“What do they fear, Chris? Why am I representing him? They fear that he has the truth about Donald Trump. He will someday speak the truth about Donald Trump. The truth is that when Donald Trump said ‘cash,’ which Rudy Giuliani knows that only drug dealers and mobsters talk about cash, it was, you heard Michael Cohen … say what? ‘No, no, no, no.'”

Davis later added: “Ladies and gentlemen, if you voted for Donald Trump, listen to the tape and ask yourself: Is Donald Trump lying when he said he didn’t use the word ‘cash’ and accuses Michael Cohen of using the word ‘cash’? Cohen has been disparaged. Cohen has been insulted and called all sorts of things by people around Donald Trump.”

Alan Futerfas, a lawyer for the Trump Organization, refuted that the tape shows Trump was offering a cash payment.

“Whoever is telling Davis that cash in that conversation refers to green currency is lying to him,” Futerfas told CNN. “There’s no transaction done in green currency. It doesn’t happen. The whole deal never happened. If it was going to happen, it would be a payment to a large company that would obviously be accompanied by an agreement of sale. Those documents would be prepared by lawyers on both sides.”

Cash, in the conversation, was in reference to how a deal would be financed, Futerfas added.

“The word cash came up in the context of the distinction between financing, which is referenced, and no financing, which means a full payment, a total one-time payment.

That’s the context in which the word cash is used,” he said. “Anyone who knows anything about the company or how the President does business knows there is no green cash. Everything is documented. Every penny is documented.”

Court filings said federal prosecutors have obtained 12 audio recordings from the FBI raids on Cohen earlier this year. CNN previously reported that Trump’s lawyers waived attorney-client privilege on the President’s behalf regarding the recording involving him personally.

The discussion relates to whether Trump should buy the rights of the story from American Media, which paid McDougal $150,000 in August 2016 for her story about an alleged 10 month affair with Trump. The story was never published by AMI.

In addition to discussing the McDougal payment, Trump and Cohen are overheard running through a list of potential legal issues, including contesting a New York Times request to unseal divorce records from Trump’s first wife Ivana as well as more mundane matters such as polling numbers and Trump surrogate Pastor Mark Burns.

What in the name of Donna Shalala does this have to do with the original accusation against the 45th President of the United States of America, Donald J. Trump, which Special Counsel Robert Mueller is supposed to be investigating?

The answer is nothing at all.

The reason being that THERE IS NO RUSSIAN COLLUSION. Never was and never will be.

However, gentle readers, what we do have is a lawyer about to be disbarred for breaking Attorney-Client Privilege.

Per legaldictionary.com,

In the law of evidence, a client’s privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications between the client and his or her attorney. Such privilege protects communications between attorney and client that are made for the purpose of furnishing or obtaining professional legal advice or assistance. That privilege that permits an attorney to refuse to testify as to communications from the client. It belongs to the client, not the attorney, and hence only the client may waive it. In federal courts, state law is applied with respect to such privilege.

This is a bond that attorneys are not allowed to break, even to save their own sorry as…err…self.

There is no doubt in my mind that Attorney Lanny Davis is advising his client, Michael Cohen, to break this sacred bond.

You may have seen Lanny Davis on CNN, Fox, MSNBC, or any other new channel he could get his mug on.

Just who is he?

Per heavy.com,

Lanny Davis, who worked as White House Special Counsel under Bill Clinton, is a staunch supporter of both Bill and Hillary Clinton. He attended Yale Law School with Hillary and says that he has been friendly with her and with Bill ever since.

Davis repeatedly defended Hillary Clinton when she came under attack for her email and server use during the 2016 presidential campaign.

And he went so far as to say that Clinton would have won the 2016 election — if it hadn’t been for James Comey and the timing of his investigation. Davis said that Comey’s letter to Congress, announcing that he was investigating Clinton’s emails, swung the election decisively in Trump’s favor.

Davis made the case in a book, “The Unmasking of the Presidency.” He argued that Comey’s letter came at the worst possible time for Hillary: just a few weeks before the election itself, so that she had no time to address the issues before Americans went to the polls

The plot sickens.

When the original raid on Trump Attorney Michael Cohen’s office in New York happened last August, Fox News reported that

…Cohen’s attorney, Stephen Ryan, said Monday’s raid was conducted by the U.S. Attorney’s office in Manhattan and was based at least partly on a referral from Mueller.

“The decision by the U.S. Attorney’s Office in New York to conduct their investigation using search warrants is completely inappropriate and unnecessary,” Ryan said in a statement. “It resulted in the unnecessary seizure of protected attorney client communications between a lawyer and his clients.”

A source close to the White House also agreed with Trump’s take on the alleged bias of Mueller investigators, saying that “the hiring of all those Clinton people for Mueller’s team was not an accident. It was done to bring down the president.”

And now, a long-time friend and attorney of Bill and Hillary Clinton’s is representing President Trump’s Former Attorney and releasing audio tapes

Do you see a pattern here, gentle readers?

You have Washington Insiders, Deep State Operatives if you will, working to overturn the will of the American People, as expressed in the Presidential Election held on November 8, 2016.

You have a Special Counsel who served as a mule for Hillary Clinton during the scandal known as Uranium One, in which she, as Secretary of State, sold 20% of our uranium supply to the Russians.

And a Washington Insider, seated as the Attorney General of the United States of America, recusing himself from the whole thing.

Mr. President, if you and the First Lady are invited to go to the Ford Theatre before this whole plot plays out, please politely refuse.

I’m just sayin’.

Until He Comes,

KJ

 

 

 

 

 

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Trump’s Lawyers Ask Judge to Block Feds From Reviewing Cohen “Privileged Communications”

April 16, 2018

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TheHill.com reports that

Lawyers for President Trump wrote a federal judge on Sunday asking her to halt federal prosecutors from reviewing documents seized in Michael Cohen’s office and home, arguing that the Department of Justice cannot fairly evaluate the materials.

A trio of lawyers for the president wrote to Judge Kimba Wood in the Southern District of New York to request Trump and Cohen be allowed to identify privileged communications prior to a fuller review.

Trump’s lawyers – Joanna Hendon, Christopher Dysard and Reed Keefe – wrote that potentially privileged information was seized during the raid. They argue that Trump should be able to review those documents before a taint team made up of federal agents and prosecutors to ensure his right to attorney-client privilege.

“The President, the public, and the government have a vital interest in ensuring the integrity of the privilege review process, and the taint team procedure is plainly inadequate to the task,” the lawyers wrote, according to a copy of the letter published by Talking Points Memo. “There is, as well, cause for concern that a taint team could not evaluate Mr. Cohen’s files (and, in particular, those relating to the president) fairly,” they continued, arguing that prosecutors would be disinclined to see certain communications as privileged.

Trump has criticized his own Justice Department on multiple occasions, focusing on Attorney General Jeff Sessions and special counsel Robert Mueller in particular.

Cohen, who has worked as Trump’s lawyer for years, had his office and hotel room raided last week. He is reportedly under investigation for bank fraud and campaign finance law violations.

Federal agents reportedly seized bank records, communications between Cohen and Trump, and documents related to related to payments to two women who alleged they had an affair with the president more than a decade ago.

Prosecutors in Manhattan obtained the search warrants for the raid “in part” based on a referral from special counsel Robert Mueller’s office, which prompted President Trump to launch a series of attacks on Mueller and his investigation into Russian meddling in the 2016 election.

So, would someone, anyone, please tell this ol’ cracka what in the name of Dow Jones and all his little averages does a “Get Lost!” Payment made to a gold-digging you-know-what by a private citizen’s lawyer have to do with any sort of covert or nefarious actions taken by Trump or his Campaign Staff long after that payment was made?

And, what the H-E-Double Hockey Sticks does an “affair” which has yet to be proven have to do with a fairly elected United States President’s ability to do his job?

As I have written before, this entire Stormy Daniels kerfluffle is the height of irony.

Those who wish to dispose of President Trump through impeachment or any means necessary expect America to make some sort of noble heroine out of a woman who for years has made a living on her back.

This is the same bunch who thought that Hillary would win in a landslide.

Per Breitbart.com,

Despite weeks and weeks of media hype about porn star Stormy Daniels, not only has President Trump’s job approval rating jumped in the latest Quinnipiac poll, but only 23 percent of Americans believe the alleged affair is an important issue. A massive majority of 73 percent say it is not.
Even 51 percent of Democrats agree it is not an important issue, along with 79 percent of Independents. Moreover, there is also no notable gender gap on the question.

In worse news for the media, although Trump denies the affair, by a margin of 58 – 14 percent they do not believe him but they still do not care.

By a margin of 59 – 24 percent, people also believe Trump knew about the $130,000 payoff to silence Daniels (Trump denies being told about it). But by a margin of 59 – 38  percent, they say Trump’s possible knowledge of the payoff is not an important issue — this includes 63 percent of Independents. And again there is no notable gender gap on the question.

Quinnipiac sums up the Stormy findings this way, “Yes he did it. No we don’t care. A big yawn from voters on Stormy Daniels, President Trump and the payoff.”

I will take Breitbart’s analysis a step further.

This poll means that not only do the overwhelming majority of Americans not care, they do not buy what the Democrats and their Vanguard, the Main Stream Media, are selling.

You want to know why, gentle readers?

The old adage remains true:

Americans vote with their pocketbooks.

“It’s the Economy, stupid!”

Taxes have been cut. Americans are seeing more of their hard-eared money on their paychecks. And, more Americans are actually receiving paychecks.

So, go ahead Deep State Operatives.

Try to somehow link a two-bit …err…woman of ill repute, a private citizen’s lawyer (Trump WAS a private citizen at the time), and a Russia Collusion Case based on a discredited Dossier compiled by people of questionable character.

That dog wouldn’t hunt even if you waved a stained blue dress in front of it.

The majority of Americans will laugh at you and count their extra money.

And, all the Democrats will see out of it will be a backlash at the polls this November in the Mid-Term Elections.

Until He Comes,

KJ