Michael Cohen's Trump tape problem - Jonathan Turley

[TomSea]

Michael Cohen's Trump tape problem
Jonathan Turley, opinion contributor 

"Scratch a lover, find a foe," Dorothy Parker once warned about the perils of loves lost. The same is not supposed to be true for lawyers. Even when a relationship ends, we continue to be bound to our clients.

However, former Trump counsel Michael Cohen, who once said he loved the president and would take a bullet for him, is no conventional lawyer. Indeed, he is not much of a lawyer at all, his critics say. The disclosure that Cohen secretly taped Trump and is looking for a deal only confirms that Cohen is now undeniably a foe of the president.

President Trump tweeted that it is "inconceivable that a lawyer would tape a client" and that it is "totally unheard of" and "perhaps illegal." The fact is that most people, including most lawyers, are shocked by Cohen's conduct. However, it is not illegal. New York is a "one party" consent state, allowing secret recordings as long as one party consents. Since Cohen was a party, it would be lawful. There has been a long debate among state bars over the ethics of a lawyer secretly taping a client, an act few lawyers would contemplate.

Read more at: https://www.msn.com/en-us/news/opinion/michael-cohens-trump-tape-problem/ar-AAAlMKb

[mystery-ak]

Cohen once said, "I protect Mr. Trump. If there's an issue that relates to Mr. Trump, that is of concern to him, it's of course of concern to me and I will use my legal skills to protect Mr. Trump to the best of my ability." It appears now that Cohen's loyalties are as dubious as his legal skills.

However, the one thing that always is "conceivable" is that Cohen would flip. Cohen was not selected for his legal skills. He was willing to do things most lawyers would not do. And he continues to do so.

I thought all these tapes were confiscated during the raid on Cohen's office and apartment in NYC..who is actually releasing them...the Feds?

[Bigun]

I think Mr. Cohen's lawyering days are just about over!  But what the heck do I know?

[XenaLee]

I thought all these tapes were confiscated during the raid on Cohen's office and apartment in NYC..who is actually releasing them...the Feds?

Considering that everything discussed in those tapes is, by law, protected by attorney/client privilege.... it would be highly illegal (among other things).... for anyone in government to release them.  Whoever is releasing them should be made an example of and prosecuted to the full letter of the law.  (I know, I know.... I'm still dreaming here)

[corbe]

   If I'm not mistaken Cohen's New Lawyer, Lanny Davis released it to CNN. @mystery-ak

[mystery-ak]

   If I'm not mistaken Cohen's New Lawyer, Lanny Davis released it to CNN. @mystery-ak

Yes, I know but where did Lanny Davis get it?....I know Trump and his lawyers waived exec privilege on that tape does that mean it automatically gets turned over to the defendant?

[Wingnut]

I think Mr. Cohen's lawyering days are just about over!  But what the heck do I know?

Lawyers are like vampires. 
They suck the blood out of everyone near them and are hard to kill.   

[Cyber Liberty]

I thought all these tapes were confiscated during the raid on Cohen's office and apartment in NYC..who is actually releasing them...the Feds?

I'm sure Mr. Cohen made duplicates for just such an emergency.

[Neverdul]

Yes, I know but where did Lanny Davis get it?....I know Trump and his lawyers waived exec privilege on that tape does that mean it automatically gets turned over to the defendant?

If I am not mistaken, Executive Privilege would not be applicable here because the tape(s) were made prior to the election.

As to attorney-client privilege, it is the task of the Special Master, Barbara Jones to review all the seized documents and tapes and determine whether they are privileged prior to turning them over the prosecution. Trump’s attorneys inexplicitly waived the right to consider the tape Cohen released as privileged, i.e. attorney-client privilege.

http://thehill.com/regulation/court-battles/398659-special-master-rejects-more-than-half-of-latest-privilege-claims-by

https://www.cbsnews.com/news/michael-cohen-secret-recording-trump-legal-team-waived-attorney-client-privilege/

Not every conversation between an attorney and his client is privileged - only situations where the attorney is actually providing legal advice and situations where an attorney is actually not breaking the law in providing that legal advice by committing fraud or another crime.

It could be presumed that Cohen believes that the tape discussing how they could make a payment to McDougal and or buy the rights from AMI (The National Enquirer’s owner and Trump’s friend David Pecker) to former Playboy model Karen McDougal's story about an alleged affair she had with Trump years earlier was not privileged under the Crime-fraud exception to the attorney-client privilege in that the payment was perhaps understood by both he and Trump to be illegal under campaign finance laws.