FBI agents and attorneys looking over the documents collected as a result of the search warrants may very well come across privileged documents from or to Cohen totally unrelated to any potentially criminal contact by Cohen, Trumputin, or both.
The bombshell this week is the FBI’s “no knock” search warrant (or “break-in” as Trumputin calls it) of his lawyer Michael Cohen’s New York City hotel/residence (while his apartment is being renovated) and his office in Rockefeller Center to collect documents, his phone, and his computer relating to the Stormy Daniels matter and other Trumputin-related documents. What they find should be quite interesting and relevant to the impending impeachment of Donald J. Trump, the President of the Electoral College of the United States of America.
There are four reasons why Mueller referred this action to the U.S. Attorney’s office in New York City:
1. The New York U.S. Attorney’s office jealously guards its territory, and these search warrants were entirely executed in New York City. It is politically smart for Mueller to turn this operation over to the New York office.
2. The Acting U.S. Attorney in New York City, Jeffrey Berman, was personally interviewed and selected by Trumputin. All of the attorneys in the New York office, according to former N.Y. U.S. Attorney Preet Bharara (fired by Trumputin) are Republicans. This is not a Democrat-led operation. And in order to get the search warrant, the New York U. S. Attorney’s office had to convince a federal judge to authorize it, which they are often unwilling to do when it is a lawyer’s privileged files that are being searched. However, it should be stated that there is a crime/fraud exception to the rule holding attorney-client documents privileged: if the lawyer is participating in the commission of a crime by the client, there is no privilege.
3. If the acts which led to the search warrant, such as money laundering by Cohen and Trumputin relating to the purchase and sale of condos in the Trump towers in New York City, or the drafting and execution of the Stormy Daniels Non Disclosure Agreement (and whether or not Trumputin and Cohen had any contact regarding the NDA), New York law may have been violated, in addition to federal law.
4. Most importantly, the FBI agents and attorneys looking over the documents collected as a result of the search warrants may very well come across privileged documents from or to Cohen totally unrelated to any potentially criminal contact by Cohen, Trumputin, or both. If such documents are found, the people discovering and reading theses documents must be barred thereafter from having anything to do with Mueller’s investigation regarding the 2016 election.
By turning the entire operation over to new FBI agents and attorneys in the New York office, the Mueller team (all located in Washington, D.C.) is insulated against such charges being made against them, such as led to the overturn of the criminal convictions against President Reagan’s national security advisor Oliver North in the 1980s over the Iran/Contra matter.
by Ted Vaill