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Mon Apr 16, 2018, 12:18 PM

Tribe: Read the brief by SDNY against Cohen Friday to see why Trump's feeling dangerously cornered

Laurence Tribe tweet a couple of hours ago:





Tweet by Lawfare's Steve Vladek about the brief SDNY filed:






Full text of the brief:

https://assets.documentcloud.org/documents/4437270/Cohen-v-US-Govt-Opposition-to-TRO-Request.pdf

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Reply Tribe: Read the brief by SDNY against Cohen Friday to see why Trump's feeling dangerously cornered (Original post)
highplainsdem Monday OP
Jarqui Monday #1
SonofDonald Monday #4
Kirk Lover Monday #9
Botany Monday #2
SonofDonald Monday #5
Botany Monday #6
SonofDonald Monday #3
Jarqui Monday #7
Lucinda Monday #8

Response to highplainsdem (Original post)

Mon Apr 16, 2018, 12:58 PM

1. Notable quotes

"As set forth below, unlike a search of a traditional law office, the information gathered thus far in the investigation suggests that the overwhelming majority of evidence seized during the searches will not be privileged material, but rather will relate to Cohen’s business dealings
...
the USAO-SDNY’s investigation relates in significant part to Cohen’s personal business dealings and finances
...
And there is reason to doubt that even communications with his only publicly identified
client regarding payments to Stephanie Clifford, who is also known as Stormy Daniels, would be
protected by attorney-client privilege. Among other things, President Trump has publicly denied
knowing that Cohen paid Clifford, and suggested to reporters that they had to “ask Michael”
about the payment. See Kevin Liptak, Trump Says He Didn’t Know About Stormy Daniels
Payment, CNN.com (Apr. 6, 2018), https://www.cnn.com/2018/04/05/politics/donald-trumpstormy-daniels/index.html.
...
the USAO-SDNY has already obtained search warrants – covert until this point – on
multiple different email accounts maintained by Cohen, and has conducted a privilege review of
the materials obtained pursuant to those warrants. The results of that review, as resported by the
USAO’s Filter Team, indicate that Cohen is in fact performing little to no legal work, and that
zero emails were exchanged with President Trump.
...
Moreover, not only is Cohen’s reliance on the USAM misplaced, but he invokes the
wrong section. Cohen cites to section 9-19.220 of the USAM, which, as Cohen points out,
applies to “attorneys who are not suspects” of a criminal investigations.
...
Accordingly, the nature of the USAOSDNY’s
investigation and the nature of the offenses—which sound in fraud and evidence a lack
of truthfulness—weighed heavily in favor of the USAO-SDNY’s decision to execute search
warrant
....
Cohen advances the novel proposition, without any precedent or legal basis, that Cohen’s
own counsel should undertake the initial review of the returns of lawfully executed search
warrants. The USAO is aware of no precedent for such an unconventional practice. "


They go to great lengths to document how carefully they are handling this with a filter team

They make Cohen and his lawyers look foolish for citing some of the cases they did or for not knowing the law or for inappropriately trying to apply an inapplicable law/rule.

It affirms what some have said: Cohen is in deep trouble and therefore, it is likely very problematic for the guy he primarily works for.

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Response to Jarqui (Reply #1)

Mon Apr 16, 2018, 01:16 PM

4. Yup, the pucker factor has to be overwhelming

Hahahaha!

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Response to Jarqui (Reply #1)

Mon Apr 16, 2018, 02:40 PM

9. Two words: LEGAL JEOPARDY

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Response to highplainsdem (Original post)

Mon Apr 16, 2018, 01:07 PM

2. They crossed all the Ts and dotted the Is. On each search warrant they gave the statute.

"But the riders to the search warrants – copies of which have been provided to Cohen –
identify the federal criminal statutes under which Cohen is being investigated."

I didn't read the whole thing or understand much of it but these people are very good and Cohen is not.
Cohen sited the wrong case law to back up his TRO.

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Response to Botany (Reply #2)

Mon Apr 16, 2018, 01:19 PM

5. I'm not a lawyer in any sense but I could still

Understand the governments case, it's like Cohen's side sent in the third string against a team up by 70 points.

They are screwed.

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Response to SonofDonald (Reply #5)

Mon Apr 16, 2018, 01:43 PM

6. I will not begin to say I understand all of it or that I really read the whole thing thoroughly but

..... Cohen siting the wrong case law in his argument was pretty funny.

Cohen is fucked.

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Response to highplainsdem (Original post)

Mon Apr 16, 2018, 01:14 PM

3. I read the whole thing, Cohen's screwed

It's obvious he's not much of an attorney as he even made mistakes in his legal request to deny use of evidence taken in the raid.

The prosecutors lay it all out and he's screwed, should have paid more attention in class I guess.

BS doesn't win court cases as well as the truth.

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Response to SonofDonald (Reply #3)

Mon Apr 16, 2018, 02:16 PM

7. Lying may fool or impress Trump's sycophants but its not going to work with a judge

That NDA with Stormy would have been flunked in a rudimentary contract law class.

I do not think Trump nor Cohen fully comprehend how much trouble they are in. They are too ignorant to grasp it.

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Response to highplainsdem (Original post)

Mon Apr 16, 2018, 02:32 PM

8. TY KNR

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