Michael Cohen office raided by FBI

[Bootney Lee Farnsworth]

Perhaps...this is them..standing up for what they know is right. Perhaps you're on the wrong side of this one..what is right..is what is happening.

When have the do-nothings EVER stood up for what is right?

 

[KissMy]

These fascist leftists around here want us to believe that they're "liberals". I'm 70 years old and I know the difference between a liberal and a fascist .

Republicans = Fascist
Liberal = Liberated Freedom from Government Police Tyranny.

 

[Valerie]

9-13.000 - Obtaining Evidence | USAM | Department of Justice

U.S. Attorneys » Resources » U.S. Attorneys' Manual » Title 9: Criminal

9-13.420 - Searches of Premises of Subject Attorneys
NOTE: For purposes of this policy only, "subject" includes an attorney who is a "suspect, subject or target," or an attorney who is related by blood or marriage to a suspect, or who is believed to be in possession of contraband or the fruits or instrumentalities of a crime. This policy also applies to searches of business organizations where such searches involve materials in the possession of individuals serving in the capacity of legal advisor to the organization. Search warrants for "documentary materials" held by an attorney who is a "disinterested third party" (that is, any attorney who is not a subject) are governed by 28 C.F.R. 59.4 and USAM 9-19.221 et seq. See also 42 U.S.C. Section 2000aa-11(a)(3).

There are occasions when effective law enforcement may require the issuance of a search warrant for the premises of an attorney who is a subject of an investigation, and who also is or may be engaged in the practice of law on behalf of clients. Because of the potential effects of this type of search on legitimate attorney-client relationships and because of the possibility that, during such a search, the government may encounter material protected by a legitimate claim of privilege, it is important that close control be exercised over this type of search. Therefore, the following guidelines should be followed with respect to such searches:

1. Alternatives to Search Warrants. In order to avoid impinging on valid attorney-client relationships, prosecutors are expected to take the least intrusive approach consistent with vigorous and effective law enforcement when evidence is sought from an attorney actively engaged in the practice of law. Consideration should be given to obtaining information from other sources or through the use of a subpoena, unless such efforts could compromise the criminal investigation or prosecution, or could result in the obstruction or destruction of evidence, or would otherwise be ineffective. NOTE: Prior approval must be obtained from the Assistant Attorney General for the Criminal Division to issue a subpoena to an attorney relating to the representation of a client. See USAM 9-13.410.
2. Authorization by United States Attorney or Assistant Attorney General. No application for such a search warrant may be made to a court without the express approval of the United States Attorney or pertinent Assistant Attorney General. Ordinarily, authorization of an application for such a search warrant is appropriate when there is a strong need for the information or material and less intrusive means have been considered and rejected.
3. Prior Consultation. In addition to obtaining approval from the United States Attorney or the pertinent Assistant Attorney General, and before seeking judicial authorization for the search warrant, the federal prosecutor must consult with the Criminal Division. NOTE: Attorneys are encouraged to consult with the Criminal Division as early as possible regarding a possible search of an attorney's office. Telephone No. (202) 305-4023; Fax No. (202) 305-0562.
   To facilitate the consultation, the prosecutor should submit the attached form (see Criminal Resource Manual at 265) containing relevant information about the proposed search along with a draft copy of the proposed search warrant, affidavit in support thereof, and any special instructions to the searching agents regarding search procedures and procedures to be followed to ensure that the prosecution team is not "tainted" by any privileged material inadvertently seized during the search. This information should be submitted to the Criminal Division through the Office of Enforcement Operations. This procedure does not preclude any United States Attorney or Assistant Attorney General from discussing the matter personally with the Assistant Attorney General of the Criminal Division.
   
   If exigent circumstances prevent such prior consultation, the Criminal Division should be notified of the search as promptly as possible. In all cases, the Criminal Division should be provided as promptly as possible with a copy of the judicially authorized search warrant, search warrant affidavit, and any special instructions to the searching agents.
   
   The Criminal Division is committed to ensuring that consultation regarding attorney search warrant requests will not delay investigations. Timely processing will be assisted if the Criminal Division is provided as much information about the search as early as possible. The Criminal Division should also be informed of any deadlines.
   
   
4. Safeguarding Procedures and Contents of the Affidavit. Procedures should be designed to ensure that privileged materials are not improperly viewed, seized or retained during the course of the search. While the procedures to be followed should be tailored to the facts of each case and the requirements and judicial preferences and precedents of each district, in all cases a prosecutor must employ adequate precautions to ensure that the materials are reviewed for privilege claims and that any privileged documents are returned to the attorney from whom they were seized.
5. Conducting the Search. The search warrant should be drawn as specifically as possible, consistent with the requirements of the investigation, to minimize the need to search and review privileged material to which no exception applies.
   While every effort should be made to avoid viewing privileged material, the search may require limited review of arguably privileged material to ascertain whether the material is covered by the warrant. Therefore, to protect the attorney-client privilege and to ensure that the investigation is not compromised by exposure to privileged material relating to the investigation or to defense strategy, a "privilege team" should be designated, consisting of agents and lawyers not involved in the underlying investigation.
   
   Instructions should be given and thoroughly discussed with the privilege team prior to the search. The instructions should set forth procedures designed to minimize the intrusion into privileged material, and should ensure that the privilege team does not disclose any information to the investigation/prosecution team unless and until so instructed by the attorney in charge of the privilege team. Privilege team lawyers should be available either on or off-site, to advise the agents during the course of the search, but should not participate in the search itself.
   
   The affidavit in support of the search warrant may attach any written instructions or, at a minimum, should generally state the government's intention to employ procedures designed to ensure that attorney-client privileges are not violated.
   
   If it is anticipated that computers will be searched or seized, prosecutors are expected to follow the procedures set forth in the current edition of Searching and Seizing Computers, published by CCIPS.
   
   
6. Review Procedures. The following review procedures should be discussed prior to approval of any warrant, consistent with the practice in your district, the circumstances of the investigation and the volume of materials seized.
   • Who will conduct the review, i.e., a privilege team, a judicial officer, or a special master.
   • Whether all documents will be submitted to a judicial officer or special master or only those which a privilege team has determined to be arguably privileged or arguably subject to an exception to the privilege.
   • Whether copies of all seized materials will be provided to the subject attorney (or a legal representative) in order that: a) disruption of the law firm's operation is minimized; and b) the subject is afforded an opportunity to participate in the process of submitting disputed documents to the court by raising specific claims of privilege. To the extent possible, providing copies of seized records is encouraged, where such disclosure will not impede or obstruct the investigation.
   • Whether appropriate arrangements have been made for storage and handling of electronic evidence and procedures developed for searching computer data (i.e., procedures which recognize the universal nature of computer seizure and are designed to avoid review of materials implicating the privilege of innocent clients).

These guidelines are set forth solely for the purpose of internal Department of Justice guidance. They are not intended to, do not, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter, civil or criminal, nor do they place any limitations on otherwise lawful investigative or litigative prerogatives of the Department of Justice.

See the Criminal Resource Manual at 265, for an attorney office search warrant form.

[updated October 2012] [cited in Criminal Resource Manual 265]

 

[OldLady]

If it were Hillary's attorney that had his or her office and home raided like a common drug dealer Pelosi and Schumer would be leading the charge of angry dems berating the FBI...Where the fuck is Ryan and McConnell? Where are any republican that has the guts to take a stand for what is right? Unbelievable!!!

Maybe Ryan and McConnell are (quietly) standing for what is right.

 

[Bootney Lee Farnsworth]

Republicans = Fascist

I call them Jesus Nazis, but I tend to agree, to a certain extent. At the same time:

Democrats = Communist Authoritarians

Both are authoritarian statits and enemies to liberty. We have been forced to choose which liberties we are willing to sacrifice.

Pretty shitty.

We have no options.

 

[DrLove]

When a liberal icon like Alan Dershowitz says this raid is wrong, then it's pretty bad stuff. This is an attack on attorney-client privilege. Bunch of nazis.

Fox News shill Alan Dershowitz is a "liberal icon"?

Yes. I've been aware and following him for over 25 years. How about you ?

Ditto - He's nothing but a Netanyahu licking neocon who 's worn knee pads for Trump ever since Fox News hired him to do so.

 

[Bootney Lee Farnsworth]

Maybe Ryan and McConnell are (quietly) standing for what is right.

When have they EVER done that? EVER????

They are pissed that they got all the power they have been demanding. They were happy being the party in opposition, winning elections on empty promises and zero desire or ability to do anything.

 

[EvilEyeFleegle]

Taking to Twitter, Trump says attorney-client privilege is ‘dead’ after FBI raid targeting his lawyer

Looks like this may be what sinks Trump:

"There are exceptions to attorney-client privilege, including one known as the crime-fraud exception, which exempts communications in furtherance of a contemplated or ongoing crime or fraud.
That was pointed out on Twitter later Tuesday morning by Preet Bharara, a former U.S. attorney for the Southern District of New York, whom Trump fired.
That office, now headed by a Trump appointee, approved the raid of Cohen’s office Monday.
Responding to Trump’s tweet, Bharara wrote: “Long live the crime-fraud exception.”"

Bharara must be having a really good day! Talk about sweet revenge..his replacement...OK's the warrant!

 

[Dragonlady]

Mr. Cohen is at the center of several aspects of the special counsel’s investigation. He also acknowledged paying $130,000 to Stephanie Clifford, who said she had an affair with Mr. Trump.

The F.B.I. on Monday raided the office of President Trump’s longtime personal lawyer, Michael D. Cohen, seizing records related to several topics including payments to a pornographic-film actress.

Federal prosecutors in Manhattan obtained the search warrant after receiving a referral from the special counsel, Robert S. Mueller III, according to Mr. Cohen’s lawyer, who called the search “completely inappropriate and unnecessary.” The search does not appear to be directly related to Mr. Mueller’s investigation, but likely resulted from information he had uncovered and gave to prosecutors in New York.

“Today the U.S. Attorney’s Office for the Southern District of New York executed a series of search warrants and seized the privileged communications between my client, Michael Cohen, and his clients,” said Stephen Ryan, his lawyer. “I have been advised by federal prosecutors that the New York action is, in part, a referral by the Office of Special Counsel, Robert Mueller.”

More: F.B.I. Raids Office of Trump Lawyer Michael Cohen - The New York Times

Apparently involves Stormy Daniels - and more.

And to think that what you discuss with your lawyer is private and protected under the law.

Not even Nixon had to deal with this.

Please note, Trump is in no way the object of these investigations. The fact that everyone around him is has to do with pure coincidence only.

If what you’re discussing with your lawyer is committing or “fixing” criminal activity, it’s not protected.

It’s also a falsehood to say that Trump is not an “object of these investigations”. Trump is a “person of interest” meaning that they looking at what he’s done but have no evidence to indict him at this time. The “at this time” is huge. You can go from a “person of interest” to s “subject of the investigation” in a heartbeat.

Mueller has said that he needs to interview Trump to determine his “intent”. Trump has attempted to obstruct justice. His firing of Comey was an open attempt to obstruct and end the Russia investigation.

If Trump did this because he truly believed Flynn to be innocent and the Investigation was just an effort to delegitimize his election, then he lacked the “intent” to commit a crime. But if he did it because he knew Flynn was guilty and he wanted to stop the investigation to protect Flynn and other members of his campaign/administration, then this is “criminal intent”.

Lack of “criminal intent” is why Hillary Clinton wasn’t charged with anything in the email investigation. Without “intent”, there is no crime.

 

[Baz Ares]

DANG the Great Douche said WHAT? So many times!

 

[RadicalRedneck]

Mueller was supposed to look into Putin interfering with the election, what does Stormy have to do with conspiracy collusion obstruction?

Mueller's mandate involves much more than Russian collusion. Try to keep up...

So you agree that there was no imaginary "Russian Collusion"

We already know there was "collusion" - but was it "criminal collusion? Mueller is working on that. He'll let us know when he's ready.

Meanwhile, a herd of wild immigrants is caravaning towards our southern border and Governor Moonbeam is not cooperating with our military...

 

[Valerie]

in the USA, we live by rule of law.

the FBI and DOJ are just doing their jobs and going BY THE BOOK.

trumptards couldn't parse real news from fake news to save their lives...

 

[Valerie]

Donny is like PT Barnum meets the Wizard of OZ.

pay no attention to that fat man behind the curtain, SUCKER.

 

[Baz Ares]

Nice tweet!

 

[EvilEyeFleegle]

Mueller was supposed to look into Putin interfering with the election, what does Stormy have to do with conspiracy collusion obstruction?

Mueller's mandate involves much more than Russian collusion. Try to keep up...

So you agree that there was no imaginary "Russian Collusion"

We already know there was "collusion" - but was it "criminal collusion? Mueller is working on that. He'll let us know when he's ready.

Meanwhile, a herd of wild immigrants is caravaning towards our southern border and Governor Moonbeam is not cooperating with our military...

Attempt at deflection noted---BTW you might want to update--the caravan of Hondurans was broken up two days ago by Mexican authorities. The Gov. of California is not required to make the National Guard into the Border Patrol. You might want to take note of the fact that the military is subordinate to the political authorities.

 

[Rambunctious]

Perhaps...this is them..standing up for what they know is right. Perhaps you're on the wrong side of this one..and what is right..is what is happening.

By looking at what has been passed off as nothing on the Clinton and DNC side (remember what they did to Bernie) and watching an endless witch hunt steer form one accusation of wrong doing on Trump to another how can you say that?
You are fine with standing with the establishment as they crush the peoples choice? as they run good people through the legal mill for nothing? You have some soul searching to do...

 

[Rambunctious]

If it were Hillary's attorney that had his or her office and home raided like a common drug dealer Pelosi and Schumer would be leading the charge of angry dems berating the FBI...Where the fuck is Ryan and McConnell? Where are any republican that has the guts to take a stand for what is right? Unbelievable!!!

Maybe Ryan and McConnell are (quietly) standing for what is right.

You have some soul searching to do...better get on with it...

 

[OldLady]

Maybe Ryan and McConnell are (quietly) standing for what is right.

When have they EVER done that? EVER????

They are pissed that they got all the power they have been demanding. They were happy being the party in opposition, winning elections on empty promises and zero desire or ability to do anything.

Oh, they've done plenty, imo. What I won't forgive them for is keeping quiet.

 

[mudwhistle]

Trump just Underwent a Cohen-Noscopy ...Ouch LoL
Use of search warrant sends message on Michael Cohen probe
View attachment 187159▶ 4:57
https://www.msnbc.com/.../use-of-search-warrant-sends-message-on-...

Barbara McQuade, former U.S. attorney, talks with Rachel Maddow about the legal particulars of the FBI raid ..

LOLOL

It’s all coming home to roost.

Keep in mind, Trump has no one but himself to blame for all of this. None of this would be happening had he not cheated on his wife.

Yep.....lying to the FBI is a serious offense.
Jaywalking is too.

 

[bendog]

you need to re-read Mueller's authorization. He's not charged with prosecuting Trump. He was charged with uncovering any "links or coordination" between Trump and the Ruskies.

https://www.justice.gov/opa/press-release/file/967231/download

After that, he is empowered to prosecute ... or not.

I don't see a distinction. Part of "prosecution" is investigation. The goal of an investigation is to seek justice. The goal should not be to convict or get rid of Trump.

We can thank Ken Starr for this bullshit. Nobody stood up to him when he went after Bill Clinton with the singular goal of getting him removed, rather than seeking justice.

Mueller was charged with uncovering any, and hopefully all, of Trump and Russia's coordination.

I agree that Starr sort of run amuck, or allowed Paula Jones to run him amuck. (-: Starr found jack shit of illegalities in White Water. I never understood the line of gop thinking since the Clintons appeared to have lost money on the thing. LOL Although as we later learned, Hillary could find money selling a corpse. LOL Starr should have tur

you need to re-read Mueller's authorization. He's not charged with prosecuting Trump. He was charged with uncovering any "links or coordination" between Trump and the Ruskies.

https://www.justice.gov/opa/press-release/file/967231/download

After that, he is empowered to prosecute ... or not.

I don't see a distinction. Part of "prosecution" is investigation. The goal of an investigation is to seek justice. The goal should not be to convict or get rid of Trump.

We can thank Ken Starr for this bullshit. Nobody stood up to him when he went after Bill Clinton with the singular goal of getting him removed, rather than seeking justice.

Well the Trumpbots call is "Mueller hasn't charged anything, so this should end now," but as you say, charging Trump is not the objective, but if facts lead to that, it's Mueller's duty to either file charges himself or refer possible charges to Congress.

I think in the end, he'll just say "X facts, if taken as true by a jury/congress, could support a conviction of Y"