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More_Cowbell

(2,191 posts)
4. Usually there would be discovery
Mon Apr 16, 2018, 06:47 PM
Apr 2018

With a reputable attorney (or at least, an attorney who could viably claim to giving actual legal advice to actual clients) the government would have subpoenaed certain documents by asking for all documents that fit a certain description. Cohen would have responded by producing the ones he felt met that description, and the parties would have argued later about whether all documents were given and received.

If they want to just seize documents instead of going through the discovery process, they have to persuade a judge (magistrate, in this case) that there's a high likelihood that Cohen would destroy the documents upon receiving the subpoena.

We already know that Mueller never asks a question that he doesn't know the answer to. Although he "handed off" this part of the case, New York officials have said they've been monitoring Cohen for quite some time. I'm sure there are no surprises in what they got.

Hannity has bumbled this all the way, first denying that Cohen performed any services for him (therefore putting Cohen in legal jeopardy for claiming Hannity as a client whose documents were subject to privilege) and then saying he never paid Cohen for his services (another indication that there might not have been an attorney-client relationship) and now saying that he might have thrown "ten bucks" Cohen's way. Constant changing stories are not a sign of truthfulness.

What makes me seethe is Hannity and his friends talking about an invasion of his privacy. Tell Seth Rich's family about how much Fox News respects privacy, Hannity.

I could be wrong manor321 Apr 2018 #1
I dont care who sees them first, I do care if some arbiter decides something isnt Eliot Rosewater Apr 2018 #3
I'm Jumping in Late But as Litigator I Got an Idea Stallion Apr 2018 #2
Explanation on Ari just now: this is a warrant not a subpoena MaryMagdaline Apr 2018 #5
If The Feds did a no knock search on John Gotti would he get to see the seized evidence DemocratSinceBirth Apr 2018 #12
Exactly. That's why she needs to avoid bad precedent MaryMagdaline Apr 2018 #15
If she allows the defendant to see the seized evidence before the government DemocratSinceBirth Apr 2018 #16
She won't. Government sees first or GM MaryMagdaline Apr 2018 #21
Do you think there's inculpatory evidence on Trump ? DemocratSinceBirth Apr 2018 #22
Yes. I believe they already know what they are looking for MaryMagdaline Apr 2018 #23
That lawyer was sanctioned twice DemocratSinceBirth Apr 2018 #25
Real gem. MaryMagdaline Apr 2018 #26
If I understand it correctly he got a 40% contingency in the Broidy case. DemocratSinceBirth Apr 2018 #28
John Gotti was not a lawyer. marybourg Apr 2018 #29
" And no one, not even the president, can exploit the attorney-client privilege to engage in..." DemocratSinceBirth Apr 2018 #30
So the "scope" of the action here could eliminate documents not direclty related to Stormy? Eliot Rosewater Apr 2018 #6
No if the Document is Relevant to Crime/Fraud Exception then Justice Will Be able to Meet its Burden Stallion Apr 2018 #9
So if there was a document that he paid another person to be quiet about something, which is not a Eliot Rosewater Apr 2018 #10
Yep Sooner or Later, regardless of the method used to classify the documents, Judge is going to... Stallion Apr 2018 #13
Notice Hannity is saying "I have never been 'invoiced' by Cohen?" Eliot Rosewater Apr 2018 #14
Usually there would be discovery More_Cowbell Apr 2018 #4
And so a document that might outright prove Rump is guilty of any number of crimes including Eliot Rosewater Apr 2018 #7
I'm a little confused by this, but I think.... Adrahil Apr 2018 #17
The no knock search warrant had little to do with Stormy Daniels csziggy Apr 2018 #31
...with a reputable attorney...a reputable attorney...a...a reputable attorney? Leghorn21 Apr 2018 #19
This message was self-deleted by its author DemocratSinceBirth Apr 2018 #8
The DOJ manual provides for a "taint team" to review Gothmog Apr 2018 #11
Per CNN: Judge orders government to turn over evidence to Cohen's legal team spanone Apr 2018 #18
So they get to see what they already knew was there, it was seized from him. Eliot Rosewater Apr 2018 #20
i've seen two articles that have a different take on this....so I'm not sure what's going on. spanone Apr 2018 #24
Regardless Cohen is gonna get to see what he already knows exists cuz it was in his office Eliot Rosewater Apr 2018 #27
Not an attorney, but I think the question is obviously: struggle4progress Apr 2018 #32
You're on the Right Tract--but Attorney-Client Privilege and Relevancy/Materiality are Separate ... Stallion Apr 2018 #33
I expect Cohen can claim communications with any clients, unrelated to this prosecution, struggle4progress Apr 2018 #35
It is discovery...my take is that Cohen ET AL will get the documents but not for ten days Demsrule86 Apr 2018 #34
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