Tuesday, April 10, 2018

The perils of having a lawyer like Cohen

Further on that trap Trump is in...
Like any good wolf trap, this set-up, first and foremost, protects the hunters. By referring the matter, Mueller and Rosenstein protected themselves from criticism of expanding the investigation. At the same time, they brought into the mix U.S. Attorney Geoffrey Berman, who Trump interviewed and nominated, as well as a neutral magistrate who signed the search warrant.

Any evidence gathered by Berman would be shared with Mueller and could be prosecuted directly in the Southern District. Moreover, even if Trump fired Mueller, he would have to move against the Southern District to shut down this investigation. That would play directly into calls for impeachment. The point of a wolf pit is that the more the wolf thrashes around, the more he harms himself.

  Jonathan Turley @ The Hill
My concern here, of course, is that Berman may have reason to help Trump out.
All of the lawyers around Trump have struggled mightily to control the damage caused by Cohen. Now, Cohen may force the next steps and put Trump at even greater peril. To make matters worse, Trump would fall into this particular trap with a lawyer who may have tossed away any protections for his client.

To use that privilege, you first have to confirm you are acting as a lawyer and not as a friend, fixer or business associate. Cohen seemed to relish his mixing of those roles, and that fluid, ambiguous role could now strip him and his principal client of the privilege. Cohen’s bizarre concept of representation is so convoluted and conflicted that, after months of litigation, we still are unclear as to whether Cohen was acting for himself or his client or his shell company in paying off adult film star Stormy Daniels just days before the election.

[...]

Even when a valid, clear attorney-client relationship exists, that privilege can be set aside in cases of crime or fraud. That is precisely what Cohen is being investigated for, in transactions extending from California to Russia to Ukraine. Already, Mueller not only has used that exception to strip away privilege from Manafort but he effectively turned Manafort’s attorney, Melissa Laurenza, into a witness against her client.

[...]

In running to Cohen’s rescue, the president could easily find himself the prize rather than the predator in this conflict.
As I've noted, Trump's very large ass is hanging out in the wind.

...but hey, do what you want...you will anyway.

UPDATE:  Addressing my concerns about Berman:  he is recused.

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