The Jury Talks Back

4/9/2018

More TDS: Michael Cohen Edition

Filed under: Uncategorized — Patterico @ 1:27 pm

This is the blog that did all those posts about Stormy Daniels. It was really about TDS, but we justified it using the fig leaf that Michael Cohen, who paid her off, might be facing some legal trouble as a result. What a bunch of TDS garbage that was, showing my TDS.

Oh, by the way, his office was just raided by the feds. (Note the link to the Big Media New York Times as if it were true. Where’s the critical thinking? Off to Conservative Treehouse.)

QUICK UPDATE: Me, March 29:

There’s really no scenario in which this plays out well for Cohen. We know that Robert Mueller is looking at some of Cohen’s involvement in Russia-related activities like Trump Tower Moscow. Mueller seems like a thorough guy, and if he runs across illegal activity by Cohen of any kind in the course of his investigation, he can at a minimum refer those matters to the Justice Department, and conceivably take them on himself.

Disbarment might be the least of Cohen’s worries at this point.

New York Times today:

Federal prosecutors in Manhattan obtained the search warrant after receiving a referral from the special counsel, Robert S. Mueller III, according to Mr. Cohen’s lawyer

Huh.

7 Comments »

  1. What a coincidence that Stormy Daniels suddenly reappears to fight her NDA (the one she willingly signed just months before) and that Muller is apparently using that issue to seize the lawyer-client privileged papers of Trump’s lawyer!

    So now Mueller can read privileged conversations between Trump and his lawyer, via the lawyer’s own notes.

    And then Muller can go over it all, stretching back decades, seeking one little financial slipup where a law was broken, and bingo, he’s got Trump. Nothing to do with Russia, of course, but the witch hunt will have succeeded.

    And everyone, no matter how they feel about Trump, should ask – who is safe from this level of injustice? The answer is no one.
    “Show me the man and I’ll find you the crime” sums it up rather well, I think, and that quote is just as apt now as when first uttered by the founder of the KGB.

    Oh, and BTW, if anyone believes that the Daniels thing leading to a Mueller raid is a coincidence, I’ve got a bridge in Brooklyn I’d like to sell you.

    Comment by Arizona CJ — 4/9/2018 @ 4:05 pm

  2. I’d have to agree with you. I’m not a Trump fan but not a “never-Trumper”, just don’t like the man but the investigation has been a witch-hunt. They’ll keep going until they find something.

    The thing is the Dems aren’t the first to do this, it’s an age old story. The most recent being the Republicans after Clinton (started out with Whitewater, went to Rose Law Firm, went to sex… they finally got him). This won’t be the last time either, unfortunately it’s become a pattern of abuse of power in our government on many levels.

    The difference being though how each party traditionally reacts to these things. Usually when caught the Dems bluster and complain and make noise. The the media politely ignores it all and the politician at fault never fesses up and never pays any real price. I mean Clinton was impeached but was not removed from office. Now a “traditional” Republican would have a conscious and they would do some public flagellation and probably resign in shame. This time though it’s Trump. A man I think lacks a conscious, and he’s not going to ask for any pardon, ask for any forgiveness. He’ll bluster and tweet and deflect and act like…. the Democrat he probably really is. The media will publicize and attack but he won’t care. What happens after that is unknown. The Dems in Congress will go after him. The uncertainty lies in what the spineless Republicans will do when pressed.

    Comment by Marci — 4/9/2018 @ 5:22 pm

  3. I’m not a Trump fan (Though I support him on some issues), and he’s obviously a very flawed man, to put it charitably. I’m not worried about the witch hunt keeping going until they find something. I’m worried that they’ll keep going until they have enough to create something, like they did when they railroaded Flynn.

    And that would be a coup, literally. That prospect worries me far more than a president being removed from office for something real, such as Bill Clinton for perjury. If Trump (or any president) is actually guilty of anything significant, I’m totally fine with them being kicked out. But if not guilty, then this is a coup attempt, and I’d support Trump fighting it by every possible means, legal or not.

    What I hope to see very soon is the justification for seizing the privileged communications of a lawyer. Normally, that takes a LOT of justification, far more than seems to exist here. And I strongly suspect that the required justifications do not exist.

    Comment by Arizona CJ — 4/9/2018 @ 8:34 pm

  4. Except Trump admitted that he didn’t know anything about the NDA or the payout, and if that is true then Cohen essentially paid the Porn Star and entered into an agreement with her on his client’s behalf without informing his client; it doesn’t work that way. Someone is lying or did something wrong, possibly illegal (depending on the origination of the funds used to pay off Daniels), so I have no problem with an investigation into Cohen. However, I agree these special prosecutors are a joke, they’re convened for one purpose and then suddenly become drunk with power lashing out in any direction. I assume at some point Muller will try to prosecute his bully from the 5th grade on a lie told while deposing him over whether his favorite lunch back in school was Salisbury steak or chicken fingers—just because he can.

    Comment by Sean — 4/10/2018 @ 5:42 am

  5. @ Sean,

    I think we agree in the main. And, your comment over Mueller going after his 5th grade bully made me laugh aloud. :)

    I’m not sure Trump admitted not knowing about the NDA. All I know is that’s what Trump said (which may or may not be factual).

    Is it actually illegal for a lawyer to get a person to sign an NDA without informing his client? I’ve had to sign quite a few work-related NDAs in my time, and many are just boilerplate; I doubt the business owner was informed each and every time. I can see how not informing the client is unethical and can be cause for disbarment, but fiduciary duty aside, is it actually illegal?

    The reason I ask on the legality is that if it’s not actually illegal, then there is no cause for Mueller, or any prosecutor, to be investigating.

    And even if it is illegal, why seize privileged records? It can’t be (I hope) to prove Trump lied regarding not knowing of the NDA, because that would not be a crime.

    Comment by Arizona CJ — 4/10/2018 @ 1:31 pm

  6. @Arizona

    It’s certainly unethical, but I wasn’t suggesting illegality on the part of Cohen in regards to the NDA. The legal question is concerning the payout to Daniels, specifically the origination of the funds used to buy her silence—for what good that did. We already know those funds were not disclosed to the FEC, so at the very least a violation of campaign finance law has occurred. However, if Mueller believes there is more behind the origination of those funds then Cohen might be in hot water. For now, the NDA appears to be just a document between Cohen and Daniels, and one can argue who broke the contract first, but the issue isn’t Daniels or the sleazy actions of the President, but the who, what, why, and where of the hush funds.

    BTW I would have said chicken fingers.

    Comment by Sean — 4/10/2018 @ 4:03 pm

  7. @ Sean,

    I’m not too concerned about the source of the funds Cohen used to pay Daniels; that’s a legal grey area at best regarding an illegal campaign contribution, and the usual remedy for that is to pay it back, such as the FCC made Sanders do regarding his foreign volunteers from the Aussie Labor Party.

    The issue I’ve raised in the past, though, is who is paying Daniels now? She’s doing all this for a reason, and the only reason I see is $$$.

    Comment by Arizona CJ — 4/11/2018 @ 3:58 pm

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