Alan Dershowitz: Today is a 'very dangerous day for lawyer-client relations'

[Right_in_Virginia]

Alan Dershowitz: Today is a 'very dangerous day for lawyer-client relations'
Washington Examiner, Apr 9, 2018, Pete Kasperowicz

<snip>

Dershowitz, who has drawn the ire of Democrats for defending Trump, said Mueller's move is also dangerous because it gives the FBI the option of deciding what information seized from Cohen to pursue.

"I tell [clients] on my word of honor that what you tell me is sacrosanct," he said. "And now they say, just based on probable cause ... they can burst into the office, grab all the computers, and then give it to another FBI agent and say, 'You're the firewall. We want you now to read all these confidential communications, tell us which ones we can get and which ones we can't get.'"

"If this were Hillary Clinton being investigated and they went into her lawyer's office, the ACLU would be on every television station in America, jumping up and down," he added.

"The deafening silence from the ACLU and civil libertarians about the intrusion into the lawyer-client confidentiality is really appalling," Dershowitz said.


More:  https://www.washingtonexaminer.com/news/alan-dershowitz-today-is-a-very-dangerous-day-for-lawyer-client-relations

[Applewood]

Thing is, the concept of attorney-client privilege is not absolute.  There is a major exception -- that is, if the client and attorney conspire to commit or cover up a crime.  It is hoped that before privileged communications are obtained, there is ample reason to believe that there is a crime and the attorney and client conspired to commit or cover it up. 

I expect the whole matter will end up in court.  Before we all panic, let's see what a judge has to say.   

[jpsb]

With Mueller we have gone full third world, criminalizing political opponents. This will not end well for the USA. Sessions must act.

[aligncare]

Politics really does make strange bedfellows. (Props to William Shakespeare and Alan Dershowitz.)

[txradioguy]

I expect the whole matter will end up in court. 

@Applewood that is what the Libs want and seem to be getting.  The longer they can keep this in the news and in front of voters the better for them.

From what I've read and heard so far...this is a fishing expedition in order to try and find something...ANYTHING on Cohen to try and squeeze him on Trump.

These agents that raided Cohen's office residence and hotel room didn't carefully take specific documents related to the search warrant...they more than likely grabbed boxes or file cabinets with everything in there and they'll sort through it later...and oh if they just happen to find something related to Trump...happy days!

Everyone should be upset at this breach if privilege and abuse of power on the part of Mueller ant the U.S. Attorney's office.

[Applewood]

@Applewood that is what the Libs want and seem to be getting.  The longer they can keep this in the news and in front of voters the better for them.

From what I've read and heard so far...this is a fishing expedition in order to try and find something...ANYTHING on Cohen to try and squeeze him on Trump.

These agents that raided Cohen's office residence and hotel room didn't carefully take specific documents related to the search warrant...they more than likely grabbed boxes or file cabinets with everything in there and they'll sort through it later...and oh if they just happen to find something related to Trump...happy days!

Everyone should be upset at this breach of privilege and abuse of power on the part of Mueller ant the U.S. Attorney's office.

Do we know what the warrant said?  I'd like to think the warrant was specific as to what could be seized, but I haven't seen a copy of the warrant to know for sure. 

If the warrant was vague or the agents just took everything they could find without following the directives of the warrant, then yes, Cohen has a valid argument against this search and seizure. 

Like I said, I'm not going to rend my garments and start wailing till I see how this shakes out.  A lot of people are going into hysterics before they know what's what. 

By the way, the theory  that Mueller is looking to roll Cohen is plausible.  Mueller has done this with a couple of guys already.  it's standard procedure in investigative work and not exactly a bad thing.

[endicom]

Mueller, FBI, DOJ go thermonuclear in efforts to bring down Trump

https://www.americanthinker.com/blog/2018/04/mueller_fbi_doj_go_thermonuclear_in_efforts_to_bring_down_trump.html

[driftdiver]

Do we know what the warrant said?  I'd like to think the warrant was specific as to what could be seized, but I haven't seen a copy of the warrant to know for sure. 

If the warrant was vague or the agents just took everything they could find without following the directives of the warrant, then yes, Cohen has a valid argument against this search and seizure. 

Like I said, I'm not going to rend my garments and start wailing till I see how this shakes out.  A lot of people are going into hysterics before they know what's what. 

By the way, the theory  that Mueller is looking to roll Cohen is plausible.  Mueller has done this with a couple of guys already.  it's standard procedure in investigative work and not exactly a bad thing.

@Applewood
If the other FBI raids of lawyers associated with the Trump campaign they grabbed everything. 

[edpc]

Something to keep in mind while you marvel over Dershowitz and his view on the matter - he still thinks OJ was framed by the LAPD.

[endicom]

Feds treating Cohen like he’s a mob lawyer, say attorneys | FBI had to clear high bar to search Cohen’s home

https://www.marketwatch.com/story/feds-treating-cohen-like-hes-a-mob-lawyer-say-attorneys-fbi-had-to-clear-high-bar-to-search-cohens-home-2018-04-10

[XenaLee]

I blame Jeff Sessions for this FUBAR fiasco.  Heads should roll, starting with his, IMO.  Enough is not just enough, but already too damned much.

[driftdiver]

Feds treating Cohen like he’s a mob lawyer, say attorneys | FBI had to clear high bar to search Cohen’s home

https://www.marketwatch.com/story/feds-treating-cohen-like-hes-a-mob-lawyer-say-attorneys-fbi-had-to-clear-high-bar-to-search-cohens-home-2018-04-10

A high bar like the FISA warrants.   The FBI motto - Fidelity, Bravery, Integrity

They would never lie, scheme, or participate in a political conspiracy.   They have so much integrity they don't even record their interviews.   They rely solely on the agents memory to make up... I mean document what was said.

[txradioguy]

Do we know what the warrant said?  I'd like to think the warrant was specific as to what could be seized, but I haven't seen a copy of the warrant to know for sure.

And we may never know.  Most of them use wording like "documents related to..." giving the agents a broad scope to sieze documents.

If the warrant was vague or the agents just took everything they could find without following the directives of the warrant, then yes, Cohen has a valid argument against this search and seizure.

Warrants like this are always as vague as possible in nature to allow law enforcement to cast as wide a net as possible to find what they are looking for.

Like I said, I'm not going to rend my garments and start wailing till I see how this shakes out.  A lot of people are going into hysterics before they know what's what.

 

I'm not either.  But this kind of over reach still bothers me.

By the way, the theory  that Mueller is looking to roll Cohen is plausible.  Mueller has done this with a couple of guys already.  it's standard procedure in investigative work and not exactly a bad thing.

And he hasn't come up with anything yet on Trump.  Which means the tactic is not exactly working or a good thing in this investigation.

If only Mueller had been this diligent in putting Whitey Bulger behind bars instead of helping to protect him.

[Sanguine]

Thing is, the concept of attorney-client privilege is not absolute.  There is a major exception -- that is, if the client and attorney conspire to commit or cover up a crime.  It is hoped that before privileged communications are obtained, there is ample reason to believe that there is a crime and the attorney and client conspired to commit or cover it up. 

I expect the whole matter will end up in court.  Before we all panic, let's see what a judge has to say.

Unfortunately, it depends not on what the law says, but which judge it is. 

[Frank Cannon]

A high bar like the FISA warrants.   The FBI motto - Fidelity, Bravery, Integrity

They would never lie, scheme, or participate in a political conspiracy.   They have so much integrity they don't even record their interviews.   They rely solely on the agents memory to make up... I mean document what was said.

There was a small window in the 70's and 80's when the FBI wasn't a corrupt organization, but let's not forget who was running it for decades and how he used it as a political instrument. J Edger had files on everyone and he used them.

[edpc]

I blame Jeff Sessions for this FUBAR fiasco.  Heads should roll, starting with his, IMO.  Enough is not just enough, but already too damned much.

Sessions gave testimony on Jan 10, 2017 that he would recuse himself from any investigations involving Hillary or the election.  He was confirmed on Feb 1.  This didn’t catch anyone off guard and if the president had a problem with the recusal, the had three weeks to pull his nomination.  Trump bought it, he owns it.

[aligncare]

@Applewood that is what the Libs want and seem to be getting.  The longer they can keep this in the news and in front of voters the better for them.

From what I've read and heard so far...this is a fishing expedition in order to try and find something...ANYTHING on Cohen to try and squeeze him on Trump.

These agents that raided Cohen's office residence and hotel room didn't carefully take specific documents related to the search warrant...they more than likely grabbed boxes or file cabinets with everything in there and they'll sort through it later...and oh if they just happen to find something related to Trump...happy days!

Everyone should be upset at this breach if privilege and abuse of power on the part of Mueller ant the U.S. Attorney's office.

Dershowitz opposition to this action on Cohen can be argued on the law and as someone said, probably will.

But, I’m interested by the Ders personal political support for Trump. Dershowitz is politically a liberal isn’t he? I wonder when it comes to arguing the law, even though the Left sees Trump as the second coming of Adolf, does the law professor consciously put aside partisanship, or does Trump get a pass with him for other reasons? Maybe subconsciously because of Trump’s support for Israel? I can’t imagine Dershowitz personally agreeing with President Trump on much else.

[XenaLee]

Sessions gave testimony on Jan 10, 2017 that he would recuse himself from any investigations involving Hillary or the election.  He was confirmed on Feb 1.  This didn’t catch anyone off guard and if the president had a problem with the recusal, the had three weeks to pull his nomination.  Trump bought it, he owns it.

I don't think it's so much a case of Trump buying it.... but Trump getting stuck with it.  And Trump has gone on record to say he would have never chosen Sessions had he known beforehand about that gutless, moronic recusal.

[txradioguy]

Dershowitz opposition to this action on Cohen can be argued on the law and as someone said, probably will.

But it won't be done until all the premim hearings with the secondary players are through.  Which means this won't end before the first term is over...and the Libs want that.

But, I’m interested by the Ders personal political support for Trump. Dershowitz is politically a liberal isn’t he? I wonder when it comes to arguing the law, even though the Left sees Trump as the second coming of Adolf, does the law professor consciously put aside partisanship, or does Trump get a pass with him? Maybe subconsciously because of Trump’s support for Israel? I can’t imagine Dershowitz personally agreeing with President Trump on much else.

He's hard to read on stuff like this.  Just when you think he might truly be a rare bipartisan player he'll spout some Liberal gibberish.

But when others on the left were digging on Ted Cruz and trying to bash his work on behalf of W and as the Texas Solicitor General it was Dershowitz who came forward and said that Cruz was "off the charts brilliant".

I think his politics are very Liberal...but his assessment of legal minds and for the most part (OJ being the exception) his opinion on legal rulings seems to be down the middle.

[Restored]

I'm betting that the FBI will be the "victim" of more leaks. These leaks will pertain to the documents seized.

[endicom]

The raid on Trump’s lawyer: Why? And why now?

https://www.americanthinker.com/blog/2018/04/the_raid_on_trumps_lawyer_why_and_why_now.html

[Victoria33]

@Applewood
These agents that raided Cohen's office residence and hotel room didn't carefully take specific documents related to the search warrant...they more than likely grabbed boxes or file cabinets with everything in there and they'll sort through it later...and oh if they just happen to find something related to Trump...happy days!
Everyone should be upset at this breach if privilege and abuse of power on the part of Mueller ant the U.S. Attorney's office.

@txradioguy

I have said earlier, I was covered under privilege with my patients, however a judge/court order is above privilege, so the judge/court could get them.  In pure counseling, I made only a few notes so there was little there to determine what the patient said.  However, I did psychological testing and a judge/court could get those records.  I had hundreds of them, and when I retired, I had them burned to ash so no one could get them.

[XenaLee]

The raid on Trump’s lawyer: Why? And why now?

https://www.americanthinker.com/blog/2018/04/the_raid_on_trumps_lawyer_why_and_why_now.html

It's a setup..... by one of the biggest setup snake experts around.

This will enable Mueller to seek a grand jury subpoena, which would lead to free questioning of the president with no counsel present. Trump can be expected to delcine to honor such a subpoena, which would set off a constitutional criss, and help along the impeachment movement.

Again, I blame Sessions for this entire crap-fest.

[txradioguy]

@txradioguy

I have said earlier, I was covered under privilege with my patients, however a judge/court order is above privilege, so the judge/court could get them.  In pure counseling, I made only a few notes so there was little there to determine what the patient said.  However, I did psychological testing and a judge/court could get those records.  I had hundreds of them, and when I retired, I had them burned to ash so no one could get them.

@Victoria33 that was a very wise and prudent move on your part.

[Restored]

I have said earlier, I was covered under privilege with my patients, however a judge/court order is above privilege, so the judge/court could get them.  In pure counseling, I made only a few notes so there was little there to determine what the patient said.  However, I did psychological testing and a judge/court could get those records.  I had hundreds of them, and when I retired, I had them burned to ash so no one could get them.

I believe that could be construed as "destroying evidence". But if Hillary can blatantly do it, so can we. Right?
Oh look, I made a funny.