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Wed Jun 13, 2018, 04:36 PM

What does the potential cooperation of Michael Cohen mean for the Mueller investigation?

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THREAD: What does the potential cooperation of Michael Cohen mean for the Mueller investigation?

Good Read, informative Thread rolled into one page.

2/ It’s not surprising that Cohen is moving towards cooperation, if the @abcnews reports are correct. When the FBI executes a search warrant at your home and office, you’re in trouble. The judge in the Stormy Daniels case concluded Cohen is likely to be charged, and he’s right.

3/ Although Cohen is cooperating with federal prosecutors in Manhattan (not Mueller’s team), cooperation deals typically require the cooperator to provide all information about any criminal activity he knows about. Prosecutors then share that info with other jurisdictions.

4/ Assuming that Cohen has information that will be useful to law enforcement—information that will lead to charges against others—he will get a deal. But one unusual complication is that Cohen is an attorney and some information he has may be about former clients.

5/ There are ample examples of attorneys who are prosecuted—I tried and convicted one—but when they cooperate, everyone involved needs to make sure attorney-client privilege is respected.

6/ Most conversations involving criminal activity likely won’t be privileged because they don’t involve legal advice. Only conversations about legal advice are privileged. A conversation about legal advice isn’t privileged if the advice is used to further the crime.

7/ That last sentence is called the “crime/fraud” exception to attorney-client privilege. It’s more limited than some commentators suggest, but combined with the fact that most criminal conversations aren’t about legal advice, likely few of Cohen’s conversations were privileged.

8/ It’s also worth noting that federal prosecutors allege that Cohen didn’t practice law much, and thus far the documents they seized are consistent with that allegation. The retired judge reviewing the Cohen documents found that less than 1/10th of one percent were privileged.

9/ So if Cohen cooperates, he will have to tell almost all of what he knows about criminal activity to federal prosecutors, who can share that info with Mueller, other federal prosecutors, and state prosecutors.

10/ Trump could derail all of this with a pardon of Cohen. His recent talk of pardons appears to be an attempt to reduce the political damage of giving pardons. If Trump pardoned Cohen for federal crimes, state prosecutors would have to use the evidence gathered by the FBI.

11/ That could result in a cooperation deal for state, not federal authorities. By moving towards cooperation now, Cohen is signaling that he doesn’t believe he will receive a pardon—or he’s trying to get one sooner rather than later.

12/ Regardless of how it plays out, Cohen’s cooperation is a blow to the Trump team and could strengthen the case Mueller is building. How much it helps Mueller depends on what Cohen knows and how forthcoming he is. /end
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Link to the Original Twitter discussion on this topic:

https://mobile.twitter.com/renato_mariotti/status/1006909313347137536

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Reply What does the potential cooperation of Michael Cohen mean for the Mueller investigation? (Original post)
Wwcd Jun 13 OP
beachbum bob Jun 13 #1
Wwcd Jun 13 #2

Response to Wwcd (Original post)

Wed Jun 13, 2018, 04:51 PM

1. It all ends bad for trump and company

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Response to beachbum bob (Reply #1)

Wed Jun 13, 2018, 05:20 PM

2. Yup. It all ends badly for trump, his kids, his mob partners &

when all is said & done it will end badly for Vlad & those foreign leaders who sought a piece of the American pie.

I see sanctions coming & their power deposed, backed into a box.
The US & its Allies will stand while the global crime syndicate crumbles.



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