So by this thinking, the SDNY filters through all the seized info, removes any attorney-client privilege info, and then sends the rest to Mueller. But of course, as Aggiehawg noted, if the attorney is part of or assisting in the commission of a crime, then it isn't privileged info.
I'll be damned. I thought Preet was a straight shooter and didn't know why Trump got cross ways with him.
But he seems to think there is something hinky happening.
Sign the warrant, seize everything possible, copy ends up in the hands of someone you like, more leaks.
Here's the problem: Trump knows this. Cohen knows this. None of the above care. They know enough to know what to know.
Hell, I know enough to know when a flash drive was plugged into a seized computer, and my understanding of technology is basically that a computer might as well be an alarm clock welded to a toaster
So all you do is mic up every space you know is going to be raided, let them come collect the volumes of nothing, and then say whatever they want while they're in action.
Here's where my inclination comes from: when I was a briefing clerk (for a bankruptcy judge -- too dumb/humble roots for a federal district clerkship) one of the things so many people neglected to think of when walking into our courtroom was that the entire room was mic'd up and we were listening in chambers. When a (now $1,700, then) $1,100/hour lawyer decided to quietly discuss with his colleagues how to sneak some illegal proposed plan provisions by the judge, the clerks take notice and brief the judge to ask about the provisions you're hiding. Debtors' counsel looks like a deer in the headlights as he stammers to answer questions about his illegal plan and a Chapter 11 trustee gets appointed.
They know you're coming. They are watching. They are watching you watch them. Does anyone here really believe that Trump is a boy scout?
Mockingbird is in full force with all these different press report from all these different investigations on everything but Russia. Mueller is seeding the clouds to try and gain cover for his underhanded crap.
Those tweets from Preet Bharara are interesting, he knows that office well in SDNY.
Never take a hostage you aren't willing to shoot,
Remember, America doesn’t negotiate with terrorists.
Code 7 10-42
Well there's a lot of talk that Mueller is investigating Trump over $150K Donation to the Trump Foundation from a Ukrainian who gave the Clinton foundation $13.1 Million per their official records.
Per the NYT
Quote:
Investigators subpoenaed the Trump Organization this year for an array of records about business with foreign nationals. In response, the company handed over documents about a $150,000 donation that the Ukrainian billionaire, Victor Pinchuk, made in September 2015 to the Donald J. Trump Foundation in exchange for a 20-minute appearance by Mr. Trump that month through a video link to a conference in Kiev.
Also per the NYT:
Quote:
The payment from Mr. Pinchuk "is curious because it comes during a campaign and is from a foreigner and looks like an effort to buy influence," said Marcus S. Owens, a former head of the Internal Revenue Service division that oversees tax-exempt organizations. He called the donation "an unusual amount of money for such a short speech."
Really? Bill Clinton got $500K for 30 minutes in Moscow. And here's a kicker, look who it was that arranged this speech! Are we paying attention? Douglas Schoen! Yes that's the same Douglas Schoen that has worked for Bill and Hillary for years. Everybody has seen him on Fox and MSNBC flacking for the Clintons. Bill Clinton hired Dick Morris, who brought on Schoen and Penn. Schoen worked on the 1996 campaign as well in survey analysis for the Clinton White House. He also did work for Hillary's losing 2008 presidential campaign, this guy is a Clinton guy and has been for years. Coincidence he sets up this speech.... follow the ****ing money...
Trump Foundation 2015 tax returns reflect the $150K payment, it was fully disclosed
Here's the speech, which was an audio disaster but here it is.
Mind you that in September of 2015 Trump wasn't even the favored candidate for the republican nomination, much less the POTUS. And this Ukrainian was giving millions to the Secretary of State's personal foundation when she was holding office. It's pretty damn unbelievable this $150K to a citizen for a video conference is more nefarious than the millions he was giving to a former POTUS and current SoS.
Quote:
In a statement, the Victor Pinchuk Foundation said it reached out to Mr. Trump and other world leaders to help "promote strengthened and enduring ties between Ukraine and the West."
The foundation said the donation was "a specific request of Mr. Trump Foundation in September of 2015 when there were multiple candidates for the Republican nomination for president and it was by no means assured that Mr. Trump would be the Republican nominee in 2016."
ALSO this Pinchuk appears to have had a much closer relationship to the Clintons. quick googling finds out that in June 2012, the billionaire attended a dinner at the Clintons' residence. And through Schoen, Pinchuk lobbied the State Department in 2011 and 2013. The documents filed with the Justice Department show Schoen and Pinchuk met on several occasions in 2012 with Melanne Verveer (Hillary's aide), and also a close Clinton associate who then served as an ambassador at large for global women's issues for the Clinton foundation. Bill Clinton attended Pinchuk's annual Yalta conference, The NYT reported on Feb. 13, 2014. Pinchuk also attended the former president's 65th birthday party in Los Angeles.
Everyone involved in this speech and $150K payment are linked directly to the Clintons yet Cohen gets his door kicked in and raided. A subpoena was issued before and by all accounts they complied, and turned over the documents, yet the FBI still does a no knock raid on Cohen's office? I'm betting this search warrant was based on a claim to the magistrate that they felt Cohen didn't turn over all the documents, hoping once they got through the door they'd stumble up on something else. This nonsense about Stormy Daniels documents is MSN BS more than likely. Makes no sense and just can't see a magistrate granting a no knock on a civil matter, from a reported act from 12 years ago not related to to the election. This nonsense about campaign funds just doesn't pass the smell test. All along there have been reports that Cohen took out a home equity loan to pay the $130K? The main is reportedly worth over 10 million, there's no way he took out a loan to pay off some p0rn star. that's petty cash, in those circles. Just not buying that narrative.
It's time to fire Rosenstein and get him out of there. Don't fire Mueller just let him twist a bit, knowing he's lost his wingman. Force Sessions to step up and do his job, because this has gone beyond Russian collusion in the election. Sessions' recusal was garbage to begin with, it was very thin at best. Force Mueller to either charge Trump with crime or be done. Stop this scavenger hunt for a crime. This Victor Pinchuk's $150K to the Trump Foundation, pales in comparison to contributions he gave to foundation Bill and Hillary set up. This Ukrainian billionaire has contributed $13 million to the Clinton Foundation since 2006 and had access to Hillary Clinton while she served as secretary of state. But Robert Mueller isn't investigating the Clintons. Instead, he is conducting a broad investigation of Donald Trump, including the flow of foreign money into various Trump-controlled entities. This is BS and enough is enough. And keep this in mind, EVERY move Mueller has made has been approved by Rosenstein.
Never take a hostage you aren't willing to shoot,
Remember, America doesn’t negotiate with terrorists.
Code 7 10-42
There is a war going on behind the scenes. The good guys have the OIG, some really good folks in the FBI and DOJ, and good guys leading the intel. The bad guys are like ISIS, they are loosing territory and fighters. The bad guys bet the farm on Mueller and Rosenstein.
This warrant on Cohen was granted by a currently unnamed Magistrate and I checked the 15 that are assigned to the SDNY and per their bios only 3 of the 15 were appointed under Trump. Stewart D Aaron, of Arnold & Porter Kaye Scholer; Robert Lehrburger, of Patterson Belknap Webb & Tyler; and Ona Wang, of Baker & Hostetler.
What are the odds he got a warrant granted by one of these three?
Never take a hostage you aren't willing to shoot,
Remember, America doesn’t negotiate with terrorists.
Code 7 10-42
There is a war going on behind the scenes. The good guys have the OIG, some really good folks in the FBI and DOJ, and good guys leading the intel. The bad guys are like ISIS, they are loosing territory and fighters. The bad guys bet the farm on Mueller and Rosenstein.
But if this is true they are all perfectly OK risking twenty years in prison. I think they know the swamp is so deep any risk on their end is slight no matter how criminal they are. Which means "good guys" in DC are so rare they are of no concern.
The USAM requires this type of a search warrant to be approved by the US Attorney in the district (the head of the office on this case is Robert Khuzami appointed by Barry) who is a Presidential appointee and requires "consultation" with the Criminal Division of the U.S. Department of Justice. So this is not a couple of rogue AUSAs sneaking in a warrant...
Now the federal magistrate judges (appointed by local district judges, not by the President) review search warrant applications. So a Magistrate Judge therefore reviewed this application and found probable cause (if he's going by the rules) that is, probable cause to believe that the subject premises, in the case Cohen's office contains specified evidence of a specified federal crime.That wording is critical, so it's just like your normal door kick warrant at the state level, what you are looking for has to be specifically listed and the location (address) has to be exact. I've seen misworded warrants and typos burn a warrant and it's throw out of court on a technicality.
Still reading up on this whole "clean team" "dirty team" business
Never take a hostage you aren't willing to shoot,
Remember, America doesn’t negotiate with terrorists.
Code 7 10-42
Okay part of the USAM rules for searching attorney-client communications involves setting up a review process to protect attorney-client privilege. It gives multiple examples and scenarios so it's kinda confusing, but here's a layman's shot at it. The process might involve a judge reviewing the materials to separate out what is privileged (or what might fall within an exception to the privilege), or else set up a "dirty team" that does the review but is insulated from the "clean team" running the investigation. Another option is a "special master," an experienced and qualified third-party attorney to do the review. Sometimes the reviewing team will only be identifying and protecting privileged material. Sometimes the reviewing team will be preparing to seek, or to implement, a court ruling that the documents are not privileged.
Never take a hostage you aren't willing to shoot,
Remember, America doesn’t negotiate with terrorists.
Code 7 10-42
Sign the warrant, seize everything possible, copy ends up in the hands of someone you like, more leaks.
Here's the problem: Trump knows this. Cohen knows this. None of the above care. They know enough to know what to know.
Hell, I know enough to know when a flash drive was plugged into a seized computer, and my understanding of technology is basically that a computer might as well be an alarm clock welded to a toaster
So all you do is mic up every space you know is going to be raided, let them come collect the volumes of nothing, and then say whatever they want while they're in action.
Here's where my inclination comes from: when I was a briefing clerk (for a bankruptcy judge -- too dumb/humble roots for a federal district clerkship) one of the things so many people neglected to think of when walking into our courtroom was that the entire room was mic'd up and we were listening in chambers. When a (now $1,700, then) $1,100/hour lawyer decided to quietly discuss with his colleagues how to sneak some illegal proposed plan provisions by the judge, the clerks take notice and brief the judge to ask about the provisions you're hiding. Debtors' counsel looks like a deer in the headlights as he stammers to answer questions about his illegal plan and a Chapter 11 trustee gets appointed.
They know you're coming. They are watching. They are watching you watch them. Does anyone here really believe that Trump is a boy scout?
A Q post after the no-knock raid indicated:
Quote:
They broke in during the fire.
Distraction.
The fire happened on Saturday afternoon. The raid happened on Monday am. If you use the reference "broke in" as a separate event from the "no-knock raid", what is the possibility someone did break in on Saturday, especially since no one was at the front desk...(see the accountof fire in NYT article).
And does anyone know the timing of the authorization through SDNY and the Judge? All the talking heads have indicated it is a very high bar to do what Mueller's raid did, including the subpoena first, etc.
This is the swamp I used to think it was a giant bureaucracy without any willing ill intent, but I no longer believe that nonsense. These people are sick with ideology. They don't give a **** about the USA
This is the swamp I used to think it was a giant bureaucracy without any willing ill intent, but I no longer believe that nonsense. These people are sick with ideology. They don't give a **** about the USA
It almost make me think of Shawshank Redemption and how all the swamp creatures are institutionalized, for lack of a better term. Bonus points since they are all criminals.
Yeah, this "clean team"/"dirty team" procedure has always been fraught with problems, even on the cases of least import.
This is the President's personal attorney. The potential for leaks of confidential information is too great. Even having the materials all removed to a judge's exclusive control is no guarantee, of course but it would be the preferred choice.
What a mess. Trump needs better lawyers and I'm not just talking about Cohen. He's burned already.
What a mess. Trump needs better lawyers and I'm not just talking about Cohen. He's burned already.
The other goal of this was to ensure no lawyer would dare work for Trump, because doing so means they'll get hit with a no-knock raid and all of their clients' files taken.
Honestly if I were Trump I'd convince Joseph diGenova to un-recuse himself, damn any rules, it's not like Mueller gives a damn about playing clean. Put Joseph diGenova on his ass and take the fight to them. Ty Cobb should be doing just what Dershowitz said to do. Get to the judge and seize those documents.
Never take a hostage you aren't willing to shoot,
Remember, America doesn’t negotiate with terrorists.
Code 7 10-42
What a mess. Trump needs better lawyers and I'm not just talking about Cohen. He's burned already.
The other goal of this was to ensure no lawyer would dare work for Trump, because doing so means they'll get hit with a no-knock raid and all of their clients' files taken.
True.
Have to give Mueller some kudos, albeit grudgingly. He's wielding his power quite effectively if one is a fan of Machiavelli.
The power of the Presidency is nothing compared to a Special Counsel with no oversight and a warrant. (Hyperbole but you get my drift.)
I really think this is a turning point. Just added a jumbo bag of popcorn to my mid-week shopping list.
I wonder what is really in Cohen's files. He's not an idiot. He knows people are watching. Hell, it is public info at this point that the Democrats used the NSA apparatus to spy on the incoming Trump administration.
One of two things -- and again, these are just guesses based on what little information we have: (1) Cohen knew he was being watched one way or another and was quietly migrating client files into the memory hole/out of reach/wherever, Mueller caught wind of it, and convinced the necessary signatory authorities (and a non-article III judge) to let him conduct a no-knock raid to grab whatever was left.
Or (2) Cohen was done dispossessing himself of whatever he really wanted to prevent from falling into the wrong hands and someone got the right message to the Mueller team -- effectively goading them into massively overreaching their authority (and doing exceptional damage to their credibility if little or nothing comes of this).
Follow up thought -- one of the following has to be right:
(1) Cohen really is a moron who thought he operated in a vacuum or wasn't being watched; (2) Cohen was smart, had files he knew he needed to get rid of, and wasn't finished when Mueller got word; (3) Cohen was smart, had files he knew he needed to get rid of, and was finished when Mueller got word; or (4) Cohen isn't as dirty as the Democrats want anyone to believe. In this case, Mueller's team is looking for lawyer ethics stuff like impermissible co-mingling of client funds or failure to keep certain records for statutory minimums. The sort of stuff that you'd never need to conduct a no-knock raid to get.
At any rate, if Mueller wanted files from Cohen, the correct process would have been to issue a subpoena and await responses. Mueller either thought there was something going on with Cohen or bought faulty intel.
I really think this is a turning point. Just added a jumbo bag of popcorn to my mid-week shopping list.
I wonder what is really in Cohen's files. He's not an idiot. He knows people are watching. Hell, it is public info at this point that the Democrats used the NSA apparatus to spy on the incoming Trump administration.
One of two things -- and again, these are just guesses based on what little information we have: (1) Cohen knew he was being watched one way or another and was quietly migrating client files into the memory hole/out of reach/wherever, Mueller caught wind of it, and convinced the necessary signatory authorities (and a non-article III judge) to let him conduct a no-knock raid to grab whatever was left.
Or (2) Cohen was done dispossessing himself of whatever he really wanted to prevent from falling into the wrong hands and someone got the right message to the Mueller team -- effectively goading them into massively overreaching their authority (and doing exceptional damage to their credibility if little or nothing comes of this).
If number (2) is correct, I might expect Huber to go after Perkins Coie in the same fashion.
