If any American is cheering about what President Donald Trump’s former attorney Michael Cohen has allegedly done then they must not care about their own attorney-client privilege.
Is what Cohen did okay?
Cohen allegedly taped his conversations with his former client, Donald Trump before Trump was elected President.
The tape was recently released initially to CNN.
New York only requires that one person give consent to having their conversation recorded.
However, there could be some legal complications if Cohen was in New York and Trump was calling him from a state that doesn’t recognize the one person consent rule but instead requires both people to consent to the recording.
Assuming for a moment that it was legal to record Trump it doesn’t mean, however, that it was ethical for Cohen as Trump’s attorney to do so.
Cohen could have to answer to a state bar, presumably in New York should a complaint be levied against him.
While the Left may find a potential ethics violation great because it’s happening to Trump and not Hillary Clinton, they would be taking to the streets in protest if Hillary’s attorney dared to 1) record her conversation without her knowledge and 2) released this information to the press for publication.
There’s always a double-standard when it concerns the Left.
Is the tape nonetheless protected by the attorney-client privilege rule?
What the Left fails to see in their jubilation, is that if attorney-client privilege is found to exist (no crime was involved on the tape) then that information can not be used in court if Trump asserts the privilege.
Liberal Left attorney and Harvard professor Alan Dershowitz said the Cohen tape does not contain any evidence of a crime and therefore the privilege is in tact.
How does Dershowitz know this?
Dershowitz states (around the 3:16 mark in the above video when interviewed by Judge Jeanine Pirro):
“The tape does not contain any evidence of crime. How do I know that? A former judge, appointed by Judge Kimba Wood, made a determination that this tape is covered by the lawyer-client privilege. And criminal discussions are not covered by the lawyer-client privilege. So we already have a judicial determination that this tape does not contain elements of a crime.”
What else is the Left choosing to ignore?
There is another issue surrounding the recently released Cohen tape that the Left chooses to ignore.
More than one person believes that Cohen or someone else may have altered the taped conversation with Trump.
Trump’s attorney, Rudy Giuliani said on Sunday that there are 183 conversations and Trump is “discussed at length” on 11 or 12 of the tapes that the FBI obtained from their raid on Cohen.
According to Giuliani, only the now released Cohen tape contains a conversation with Trump.
Giuliani also added that none of the tapes contradict what Trump has previously publicly said “on all these things.”
However, the same Cohen tape in which Trump allegedly speaks with Cohen about a payment to Karen McDougal, a Playboy model who claims to have had an affair with Trump prior to his election as president, is now in question.
Giuliani said Saturday that he is trying to obtain a raw copy of the tape because as he told Fox News, two experts and retired FBI agents have analyzed the secretly recorded Trump-Cohen tape and believe it was “played” with.
Dershowitz is also suspicious of the tape and says it’s imperative to find out why there is a “break in the tape” (starting around the 2:18 minute mark on the above video)
“This tape must be subject to forensic analysis. We must stretch the words to find out exactly what the President said, what the context was and most important why it ended at a particular point. Was that a decision made by Mr. Cohen to end it there. Was it erased because he said things that were exculpatory. We need to know the entire context of the tape…”
Should it be determined that the tape was altered in any way then Cohen will not only potentially be facing ethical violations but legal violations as well.
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