TrumpLand Circa August 21, 2018

August 22, 2018

TrumpLand Circa August 21, 2018

trumpland

President Donald Trump

Update

Dan Balz wrote After two convictions, pressure mounts on Trump for the Washington Post on August 21. Dan—I’ve had the pleasure of his company, briefly, a couple of times—knows President-stuff as well as anyone today, and he writes beautifully, too. Best line in the piece? “This was a day when truth overran tweets, when facts overwhelmed bald assertions.” (Recall that almost 72 hours ago Rudy Giuliani treated us to “truth isn’t truth.”)

Manafort

To update those who don’t know the facts the Paul Manafort jury convicted Mr. Manafort on eight felony counts. The jury hung—no unanimity—on 10 other counts but: (a) presumptive sentences on the eight counts have

Continue reading...

Confidentiality and Hannity the Client

April 17, 2018

Confidentiality and Hannity the Client

New York’s version of ER 1.6 of the Rules of Professional Conduct got shredded yesterday. Oh well … but for the fact that confidentiality represents a core aspect of the attorney-client relationship.

Some background might be helpful. Search warrants, executed last Monday, generated a bunch of material from Michael Cohen. He’s an attorney who works for President Donald J. Trump. And Everett Broidy. And one more client, Sean Hannity.

The government and Judge Kimba Wood needed to know who Mr. Cohen represented. Why? To determine the scope of the claimed attorney-client privilege. The privilege only applies to communications between Mr. Cohen and his clients; whither, the need to know the identity of

Continue reading...

Search Warrants, Confidentiality, and More

April 15, 2018

Search Warrants, Confidentiality, and More

That Client

That Client

In Donald J. Trump, Goner I promised some “basic facts about attorney-client privilege and attorney confidentiality issues.”* The promise grew out of the extraordinary search warrants directed to premises controlled by Michael Cohen, an attorney who does work for President Donald J. Trump.

Extraordinary search warrants? Yes. Mr. Cohen does have a license to practice law, and the warrants relate broadly to that client of his I mentioned previously.

Judges issue search warrants. Routinely.** Judges reject warrant requests rarely and, only slightly more often, they will modify them. So, the fact that warrants issued does not, alone, make them extraordinary.

So, why extraordinary? Mr. Cohen’s law license, and that client I mentioned.

Continue reading...