What President Trump doesn’t understand about attorney-client privilege

Cohen said he acted on his own in paying Clifford. Trump agreed, saying he didn’t know about the payment. In this case, Cohen was not acting as Trump’s attorney in the transaction, and there is no attorney-client relationship since, according to the president, there are no communications in which he sought legal advice. Trump has essentially waived the attorney-client protection on this issue. Moreover, if any of the materials obtained were used in furtherance of a crime, they are subject to a crime-fraud exception to the attorney-client privilege.

His conviction that it was still in play, however, is probably a consequence of the way he and other affluent figures have long used attorney-client privilege as a preemptive shield. Whether they realize prosecutors have ways to navigate the attorney-client privilege, they know that getting around it is never easy.

.. This presumption of privilege can give cover to criminal actors. Well-heeled criminals often include attorneys in their illicit communications to shield their activity from discovery. Conversely, people who are familiar with the privilege often assume it’s stronger than it really is: Former White House aide Hope Hicks reportedly alarmed Mark Corallo, former spokesman for Trump’s legal team, when she made a potentially compromising statement without a lawyer present and thus — in Corallo’s view — unprotected by the attorney-client privilege. The mere presence of a lawyer would not, in practice, have made the conversation legally privileged. Nevertheless, Corallo’s assumption that it could have shielded the comment from discovery speaks to the way Trump and his ilk have attempted to take advantage of attorney-client privilege.

Sean Hannity Is Named as Client of Michael Cohen, Trump’s Lawyer

In a legal filing before the hearing on Monday, Mr. Cohen said that, since 2017, he had worked as a lawyer for 10 clients, seven of whom he served by providing “strategic advice and business consulting.” The other three comprised Mr. Trump, the Republican fund-raiser Elliott Broidy and a third person who went unnamed.

.. Before the name was revealed, Mr. Ryan argued that the mystery client was a “prominent person” who wanted to keep his identity a secret because he would be “embarrassed” to be identified as having sought Mr. Cohen’s counsel.

.. On Fox News, the anchor Shepard Smith reported that his colleague had been named as a client of Mr. Cohen’s, saying that it was time for him to address “the elephant in the room.”

.. Just before 4 p.m., he posted a message on Twitter: “Michael Cohen has never represented me in any matter. I never retained him, received an invoice, or paid legal fees. I have occasionally had brief discussions with him about legal questions about which I wanted his input and perspective.”

In a follow-up tweet, Mr. Hannity added, “I assumed those conversations were confidential, but to be absolutely clear they never involved any matter between me and a third-party.”

The reference to a third party seemed to be an allusion to one of Mr. Cohen’s specialties: drawing up confidential settlements.

.. Hannity seemed to suggest that he had not disclosed his link to Mr. Cohen to his network, saying, “My discussions with Michael Cohen never rose to any level that I needed to tell anyone that I was asking him questions.”

.. On April 9 — the night of the F.B.I. raids on Mr. Cohen — Mr. Hannity, in high dudgeon, opened his show by telling viewers to “keep in mind that Cohen was never part of the Trump administration or the Trump campaign.”

“This is now officially an all-hands-on-deck effort to totally malign and, if possible, impeach the president of the United States,” the host added.

.. There is on-air evidence that Mr. Hannity and Mr. Cohen go way back. In January 2017, shortly before the inaugural, Mr. Cohen was a guest on Mr. Hannity’s radio show. The host described him as Mr. Trump’s lawyer and then added, “Also, full disclosure: a personal friend of mine, long before this election ever started.”

.. The chummy conversation took place shortly after the so-called Steele dossier suggested that Mr. Cohen had visited Prague, a claim that Mr. Cohen has denied.

.. Mr. Hannity discussed Mr. Cohen’s alibi — that he had taken his 17-year-old-son to Los Angeles to meet with a baseball coach.

.. Before the chat was done, Mr. Cohen thanked Mr. Hannity, saying: “Sean, I got to be honest, in all fairness, you have been a beacon for Mr. Trump, for the campaign. It’s very rare that people thank you, because everybody is so busy, especially now with the transition. But on behalf of, obviously, Mr. Trump, the campaign, myself — you actually deserve a thank you.”

.. Many years before Mr. Trump was a candidate, Mr. Hannity was there for him. In 2011, when Mr. Trump was making the media rounds to promote an unfounded conspiracy theory — the so-called birther theory — that President Obama had not been born in the United States, Mr. Hannity gave him a forum on his radio and television shows.

.. Years later, his enthusiasm had not cooled. “I’m not hiding the fact that I want Donald Trump to be the next president of the United States,” Mr. Hannity told Jim Rutenberg of The New York Times during the summer of 2016. After all, the Fox News host added, “I never claimed to be a journalist.”

.. As Election Day drew near, other conservatives turned their backs on Mr. Trump after the posting of the so-called “Access Hollywood” tape, during which the candidate rudely boasted of “grabbing” women by the genitals. That’s when Mr. Hannity sealed his bond with Mr. Trump by committing even more fully to him. Although conceding that Mr. Trump’s “words” were wrong, he quickly changed the subject to Bill Clinton, adding that the former president’s “actions” with women were “far worse.”

.. Mr. Hannity did face an unexpected challenge from one of his guests, the lawyer Alan Dershowitz, who unexpectedly told the host that it would have been “much, much better” to disclose that he was a Cohen client.

 

Sean Hannity had a lot to say about Michael Cohen lately. But he left a few things out.

FergusonFoont

Hannity’s on-air description of his rather casual relationship with Cohen is called sharply into question by the fact of his resistance to having his identity revealed.

I noticed that Hannity also described his relationship in negative terms — he DIDN’T pay a retainer fee directly and he DIDN’T receive an invoice.

So what is this that Hannity is trying to hide? Perhaps, just perhaps, it is because he engaged Cohen’s services for the same reason Donald Trump and Elliott Broidy did — to facilitate the payment of hush money to cover up some sort of impropriety. It seems to be Cohen’s specialty, and it would not have involved any retainer fees or invoices.

I do not know what this impropriety might have been, but my best guess right now is a homosexual love affair.

Liam-Still

.. So Cohen had only two other clients, Trump and a RNC fundraiser, each of whom Cohen paid hush money to women for.  

Hannity claims he just sought free legal advise from Cohen because he is a great lawyer.What did he base that on, his complete lack of clients that he could have give testimonials for him, on TV ads, and bus stop seats?!

The reason why Cohen never billed Hannity was because Hannity agreed to pay by providing free endorsement and suppport of Trump on his TV show. Sean you are Foxed!

Glasman10
.. So, I expect that Hannity is going to get an attorney very soon. I somehow doubt that will be Cohen.
Good luck finding one who isn’t either client-tied to this situation already or who doesn’t want any part of it.

sunnyman10 

Sean Hannity is a multi-millionaire…he can afford any attorney in the world. Why in the world would he be involved with a low life like Michael Cohen? I don’t get it. And another thing….it’s astonishing how these people keep implicating each other and putting themselves at legal risk. Trump says “ask Michael Cohen”, putting Cohen in legal crosshairs; Cohen’s attorneys shout out Sean Hannity’s name as a Cohen client…then Hannity denies so now Cohen looks like he lied to a judge. Bottom line, when a porn-star has the best attorney in the room by a mile – you should know it’s time to find new legal help.

Glasman10

.. One simplyhas to wonder why Cohen has only three (count em!) three clients and one swears he’s not a client. So, why does Cohen have files on someone who’s not a client? 

This so much does not pass a smell test…

Do keep in mind that this isn’t Mueller, It’s the prosecutor that Trump appointed when he fired Preet Bharara, who at this point appears to have been fired for a reason. It’s that Deep State hard at work again.

OSUSteve 

Why isn’t anyone focused on why is the President’s lawyer, who is essentially a one-client lawyer, providing free legal representation to the President’s biggest media supporter and apologist. Question: Did Candidate and/or President Trump directly or indirectly instruct or approve of his full-time lawyer providing free legal services to a major member of the media as a quid pro quo for round-the-clock positive media support from Hannity, the biggest name at FOX News? At the least, it seems to me that conflict rules might have required Cohen to obtain a conflict waiver from both Trump and Hannity in case there were ever litigation or another type of conflict–not hard to imagine. If Trump knew and he used Hannity to as part of his unofficial White House communication office to tamp down the Stormy/Cohen saga, it would seem to be a big story. Maybe I’ve reading far too much news since the last election.

Stormy Daniels rips Trump’s lawyer Michael Cohen after court hearing deals blow to president and his fixer

In a court filing that morning, Cohen’s lawyers said that Cohen had three clients between 2017 and 2018, but only named two: Trump, and former Republican National Committee official Elliott Broidy.

Broidy recently resigned from the GOP organization after news outlets revealed that Cohen negotiated a hush deal worth $1.6 million with an ex-Playboy model who said she was impregnated by Broidy.

The third client was anonymous. Lawyers for Cohen refused to identify Hannity, saying in the document that it was “likely to be embarrassing or detrimental to the client.”

But although Stephen Ryan, an attorney for Cohen, argued at length to keep Hannity’s name hidden, Judge Wood would not relent.

“The client is a publicly prominent individual,” Ryan said, before offering to give Hannity’s name to Wood in a sealed envelope. The suggestion drew an objection from another party in the courtroom, who said that except in limited cases, attorney-client privilege did not relate to the identities of clients.

Wood agreed, and said the client’s name “must be disclosed now.”

After some more argument, Ryan said, “The client’s name involved is Sean Hannity.”

The admission drew audible gasps from the audience.

 .. The materials seized from Cohen in the raids comprise up to 10 boxes of printed documents and more than two dozen electronic devices, including cell phones.