Trump’s attorney, Michael Cohen, appeared in federal court Monday afternoon (April 16), at the direction of Honorable Judge Wood, to answer her repeated requests for a client list and justification to suppress evidence.
Judge Wood’s request came as a result of Cohen not showing up to court on Friday when he was out smoking cigars with a few friends. While he was lounging, his attorney was struggling to argue why there should be a motion to suppress evidence seized in the FBI raid from his home and offices on Monday (April 9).
Flashback to Friday the 13th
Friday’s (April 13) court transcript from the sidebar that both attorneys had with the judge was filed early Monday morning.
The court transcript detailed the prosecution's expressed eagerness and urgency of wanting to start their review of the documents in what they called a "fast-moving" investigation. Cohen’s attorney continued to push back citing attorney-client privilege and suggested in his filing that the criminal investigation against Cohen is politically motivated. Michael's attorney then suggested the court have a special process and appoint a ‘special master’ to oversee the process of document review and the prosecution should not review anything without Trump or other clients' consent.
The prosecution also argued that the government has evidence that Cohen was not acting as an attorney but involved in corrupt business dealings. They also revealed that they have a “considerable amount of information about Michael Cohen’s activities," know his business dealings, and know exactly who his clients are--and have been, reported CNN.
Crooked Cohen and dirty deals
Cohen established a shell company in 2016, Essential Consultants, to pay Stephanie Clifford, and Stormy Daniels, to not speak about her affair with Trump. He also brokered a deal through this same company for Elliot Broidy, former National Republican Committee (NRC) Finance Chair, who impregnated a Playmate when he cheated on his wife.
The Wall Street Journal (WSJ) confirmed that Cohen’s fee for the $1.6 million Broidy deal was $250K, with the first installment being $62.5K which the GOP fundraiser paid. But when Broidy found out about the Cohen-Trump-Daniels’ deal, he decided he didn't want to pay Essential Consulting, and instead opted to pay Cohen directly.
In 2013, a would-be story about an alleged affair that Donald Trump, Jr. had with a "Celebrity Apprentice" contestant began to surface when Don Jr.’s wife filed for divorce. The US weekly had the story and very solid sourcing regarding the affair. They reached out to the Trump organization and later received a call from Michael Cohen.
Staff from US Weekly reported that during the call, Michael Cohen threatened legal action, screamed and cursed so loudly and aggressively, they put him on speaker phone for the office to hear.
The magazine then decided they didn’t want to be involved in any legal action so the story was dropped.
These instances and clients are important because they establish a pattern of behavior and business practices, which is the basis of the Cohen criminal investigation. It is unclear at this time what dealings Cohen had or legal advice he gave his third client: A client no one would have ever believed was involved with Michael Cohen.
Better than court TV
CNN’s Shimon Prokupecz reported that Judge Wood wanted to know what other clients could be affected by the case and ordered Cohen's lawyer to release the name of the one client he withheld. In fact, Cohen's attorney filed court papers that morning arguing that the person's name shouldn't be disclosed because of his public status.
The judge did not buy the arguments presented and forced Cohen’s attorney to publicly disclose the name in court. After some back and forth with the judge about whether to write the name down, Cohen’s attorney stood up and announced the name of the loyal Trumpian, Sean Hannity of Fox News, was Cohen’s third client. Gasps rang out through the courtroom, and a half a dozen journalists sprinted to the door, according to Avenatti who was present in court.
Early reports from CNN and Hannity himself say there was no third party in any of the work that was done with Cohen. It was just advice sought not legal work.
On his afternoon show, Hannity told his listeners that he did not get billed and there was no formal attorney-client relationship.
He added that he hopes information discussed remains "privileged."
Unfortunately, this is not how that works--either one is a client, or not. Being a client is the only way to have attorney-client privilege. What Hannity is asking for is confidentiality.
Many are now questioning Hannity's credibility as well as Fox News’ responsibility to the public and its viewers, especially considering that Hannity has been reporting on this news story and Cohen is his attorney--kind've.
The 90 day forecast
Stormy’s been missing from the headlines but she and her attorney Michael Avenatti haven't gone anywhere. They both showed up to court to show they have a vested interest in the case. Avenatti has even gone on record saying he expects Cohen to be indicted in the next 90 days.
Both he and his client have repeatedly said Cohen is not above the law.
Many legal experts, analysts, and independent attorneys predict Michael Cohen will be indicted on bank fraud, wire fraud and violation to campaign and election laws just to name a few. If charged and found guilty, some of the charges could be upward of 20 years each.
Court adjourned
The judge adjourned court and partially granted Michael Cohen and his attorney a small victory by saying they are allowed to review the material that has been seized and determine what is privileged. Another court date will be scheduled to review what will be reviewed by a third party. However, the judge will ultimately decide what is privileged and what is not.
In the meantime, the prosecution cannot review the materials and the investigation has come to a halt.
The more America finds out about Trump's lawyer, the more one sees it isn't about Stormy and the hush money. It's about Cohen’s rocky past—and present. A past that could ensnare the 45th President and his fixer in handcuffs.
