Dershowitz: Cohen Office Raid Unconstitutional

[Veritas]

Mueller violated Michael Cohen's constitutional rights just by seizing his records says Dershowitz | Daily Mail Online

A famed Harvard legal scholar is raising concerns about the Justice Department's ability to responsibly handle some documents seized Monday from Trump lawyer Michael Cohen's offices.

Among the scooped-up papers, and lurking on phones and hard drives, is likely to be a cache of material that's covered by attorney-client privilege.

Prosecutors are not permitted access to those files, and the DOJ's standard practice is to set up a 'taint team' – a group of agents and lawyers not connected to the Cohen case or the special counsel probe into all things Russia – to decide what they can see.

But 'taint teams don't work,' Alan Dershowitz told DailyMail.com on Tuesday, because seizing the material in the first place was a violation of Cohen's constitutional rights – even if it's never used in court.

Looks like the lawyer needs a lawyer. Mueller is stepping all over people's rights in an effort to make good on a Deep State promise to hang something on Trump.

 

[faroukfarouk]

Mueller violated Michael Cohen's constitutional rights just by seizing his records says Dershowitz | Daily Mail Online

A famed Harvard legal scholar is raising concerns about the Justice Department's ability to responsibly handle some documents seized Monday from Trump lawyer Michael Cohen's offices.

Among the scooped-up papers, and lurking on phones and hard drives, is likely to be a cache of material that's covered by attorney-client privilege.

Prosecutors are not permitted access to those files, and the DOJ's standard practice is to set up a 'taint team' – a group of agents and lawyers not connected to the Cohen case or the special counsel probe into all things Russia – to decide what they can see.

But 'taint teams don't work,' Alan Dershowitz told DailyMail.com on Tuesday, because seizing the material in the first place was a violation of Cohen's constitutional rights – even if it's never used in court.

Looks like the lawyer needs a lawyer. Mueller is stepping all over people's rights in an effort to make good on a Deep State promise to hang something on Trump.

I'm only Canadian, but what you describe sounds like a fishing expedition...

 

[cow451]

Mueller violated Michael Cohen's constitutional rights just by seizing his records says Dershowitz | Daily Mail Online

A famed Harvard legal scholar is raising concerns about the Justice Department's ability to responsibly handle some documents seized Monday from Trump lawyer Michael Cohen's offices.

Among the scooped-up papers, and lurking on phones and hard drives, is likely to be a cache of material that's covered by attorney-client privilege.

Prosecutors are not permitted access to those files, and the DOJ's standard practice is to set up a 'taint team' – a group of agents and lawyers not connected to the Cohen case or the special counsel probe into all things Russia – to decide what they can see.

But 'taint teams don't work,' Alan Dershowitz told DailyMail.com on Tuesday, because seizing the material in the first place was a violation of Cohen's constitutional rights – even if it's never used in court.

Looks like the lawyer needs a lawyer. Mueller is stepping all over people's rights in an effort to make good on a Deep State promise to hang something on Trump.

Maybe President Trump should fire Sessions and get his own guy in there. Dershowitz, for example. Then he can fire Rosenstein who can fire Mueller.

Mr. President: don’t hold back! Go for broke. Be yourself and do it your way! Do some spring cleaning.

 

[Kentonio]

I'm only Canadian, but what you describe sounds like a fishing expedition...

How is it a fishing expedition? They’re looking for evidence of a particular crime. The taint team is to avoid them seeing additional materials they shouldn’t. Should a lawyer just be totally immune from investigation just in case investigators see something privileged that’s unrelated to the case?

 

[faroukfarouk]

How is it a fishing expedition? They’re looking for evidence of a particular crime. The taint team is to avoid them seeing additional materials they shouldn’t. Should a lawyer just be totally immune from investigation just in case investigators see something privileged that’s unrelated to the case?

Client-attorney privilege.

Sounds like Lawrence Walsh in the '80s and early '90s using unlimited resources for an exceedingly wide dragnet under the now expired and discredited post-Watergate special prosecutor provision.

 

[Gene2memE]

Client-attorney privilege.

Which is null if these communications were undertaken for the purpose of fraud, known as the "crime-fraud exception".

Here's Ken Pope's opinion on this.

 

[Allandavid]

Client-attorney privilege.

Sounds like Lawrence Walsh in the '80s and early '90s using unlimited resources for an exceedingly wide dragnet under the now expired and discredited post-Watergate special prosecutor provision.

I’m only Australian...

But my understanding is that, to obtain the warrant in the first place, the US Attorney must specify exactly the evidence that he is seeking to obtain....?

 

[Belk]

Mueller violated Michael Cohen's constitutional rights just by seizing his records says Dershowitz | Daily Mail Online

A famed Harvard legal scholar is raising concerns about the Justice Department's ability to responsibly handle some documents seized Monday from Trump lawyer Michael Cohen's offices.

Among the scooped-up papers, and lurking on phones and hard drives, is likely to be a cache of material that's covered by attorney-client privilege.

Prosecutors are not permitted access to those files, and the DOJ's standard practice is to set up a 'taint team' – a group of agents and lawyers not connected to the Cohen case or the special counsel probe into all things Russia – to decide what they can see.

But 'taint teams don't work,' Alan Dershowitz told DailyMail.com on Tuesday, because seizing the material in the first place was a violation of Cohen's constitutional rights – even if it's never used in court.

Looks like the lawyer needs a lawyer. Mueller is stepping all over people's rights in an effort to make good on a Deep State promise to hang something on Trump.

I guess the president should not of outed him for fraud? You know, claiming his personal lawyer created a NDE without his knowledge. Apparently that escaped the "famed Harvard legal scholars" attention.

 

[St_Worm2]

President Trump should fire Sessions and get his own guy in there. Dershowitz, for example.

Jeff Sessions 'is' Trump's guy, isn't he

And Dershowitz is a Democrat (who voted for Hillary in 2016), so I'm not sure how he could be Trump's new "guy" in the DOJ? (though I admit that he does at least 'appear' like he is after the truth, whatever it actually ends up being, rather than simply joining in with the Impeach 45 folks who want him drummed out of office .. whether it can be done legally/with cause or not ).

 

[cow451]

Jeff Sessions 'is' Trump's guy, isn't he

And Dershowitz is a Democrat (who voted for Hillary in 2016), so I'm not sure how he could be Trump's new "guy" in the DOJ? (though I admit that he does at least 'appear' like he is after the truth, whatever it actually ends up being, rather than simply joining in with the Impeach 45 folks who want him drummed out of office .. whether it can be done legally/with cause or not ).

Dershowitz for DOJ!

 

[Pommer]

Jeff Sessions 'is' Trump's guy, isn't he

And Dershowitz is a Democrat (who voted for Hillary in 2016), so I'm not sure how he could be Trump's new "guy" in the DOJ? (though I admit that he does at least 'appear' like he is after the truth, whatever it actually ends up being, rather than simply joining in with the Impeach 45 folks who want him drummed out of office .. whether it can be done legally/with cause or not ).

Yeah, JBS AG is Trump’s guy but had to recuse himself of ALL matters related to Russia because he “forgot” about meeting with Sergey Kiselev a couple of times.
Since the SC’s mandate only covers things related to Russian AND its attempts to influence the 2016 elections, Sessions is prohibited from doing anything in that regard.

 

[Kentonio]

Yeah, JBS AG is Trump’s guy but had to recuse himself of ALL matters related to Russia because he “forgot” about meeting with Sergey Kiselev a couple of times.
Since the SC’s mandate only covers things related to Russian AND its attempts to influence the 2016 elections, Sessions is prohibited from doing anything in that regard.

What is it he should be doing anyway?

 

[KCfromNC]

I guess the president should not of outed him for fraud? You know, claiming his personal lawyer created a NDE without his knowledge.

Yeah, this is interesting - how can there be attorney-client privileged communications for something the client is saying he never communicated with his attorney about?

 

[DaisyDay]

Mueller violated Michael Cohen's constitutional rights just by seizing his records says Dershowitz | Daily Mail Online

A famed Harvard legal scholar is raising concerns about the Justice Department's ability to responsibly handle some documents seized Monday from Trump lawyer Michael Cohen's offices.

Among the scooped-up papers, and lurking on phones and hard drives, is likely to be a cache of material that's covered by attorney-client privilege.

Prosecutors are not permitted access to those files, and the DOJ's standard practice is to set up a 'taint team' – a group of agents and lawyers not connected to the Cohen case or the special counsel probe into all things Russia – to decide what they can see.

But 'taint teams don't work,' Alan Dershowitz told DailyMail.com on Tuesday, because seizing the material in the first place was a violation of Cohen's constitutional rights – even if it's never used in court.

Looks like the lawyer needs a lawyer. Mueller is stepping all over people's rights in an effort to make good on a Deep State promise to hang something on Trump.

Mueller didn't conduct the raid on Cohen. He referred the evidence he uncovered to Rosenstein who passed it on to the DA's office of Southern District of New York. The DA, Geoffrey Berman, was appointed by Donald, but he was recused from this investigation into Cohen - I don't know why.

The DA's office would have signed off on the raid based on the evidence presented. I doubt they would do that frivolously considering Cohen's connections and Donald's mean reputation for vengeance.

At this point, Dershowitz is as much a political as a legal commentator. It seems he is trotted out regularly as "the" go-to contrarian Democrat. He is intelligent and educated, obviously, but he seems to care more about being provocative than correct. His points should be considered but not automatically accepted or dismissed, just considered.

 

[cow451]

As long as Trump has people like Dershowitz and Ingraham defending him, America can rest at night.

 

[The IbanezerScrooge]

Jeff Sessions 'is' Trump's guy, isn't he

They are all Trump's "guys." Like, all of them. Mueller is a Republican. Everyone who was involved in the warrant was either a Trump appointee or hired by a Trump appointee. Who is the "they" Trump keeps blaming for this "witch hunt"? Nobody knows. The snake is eating itself.

 

[Veritas]

How is it a fishing expedition? They’re looking for evidence of a particular crime. The taint team is to avoid them seeing additional materials they shouldn’t. Should a lawyer just be totally immune from investigation just in case investigators see something privileged that’s unrelated to the case?

To refresh your memory, the Mueller probe was for investigating a possible collusion between Trump campaign and Russia during the election. The situation with Stormy Daniels is completely irrelevant.

Special counsel named to head Russia investigation; White House caught by surprise

The Justice Department on Wednesday named a special counsel, former FBI Director Robert S. Mueller III, to take over the investigation of Russian meddling in the 2016 election and possible collusion between Russian agents and associates of President Trump.

Regardless of whether you hate Trump, liberals should be very concerned about what's taking place. The scope of this investigation has veered widely off-course in an effort to find anything illegal with regard to Trump, past or present. No president has ever been subject to this kind of probing. Don't forget, what goes around comes around. This is setting a dangerous precident and could allow for the same treatment to a duly elected democratic POTUS in the future.

We have a Constitution and laws for a reason. They are to protect all citizens from POTUS on down. It appears that in this instance, those are being cast aside for purely political purposes. Again, this is not about Trump per se, but about doing what's right and not doing what's wrong.

 

[Veritas]

Mueller didn't conduct the raid on Cohen. He referred the evidence he uncovered to Rosenstein who passed it on to the DA's office of Southern District of New York. The DA, Geoffrey Berman, was appointed by Donald, but he was recused from this investigation into Cohen - I don't know why.

The DA's office would have signed off on the raid based on the evidence presented. I doubt they would do that frivolously considering Cohen's connections and Donald's mean reputation for vengeance.

At this point, Dershowitz is as much a political as a legal commentator. It seems he is trotted out regularly as "the" go-to contrarian Democrat. He is intelligent and educated, obviously, but he seems to care more about being provocative than correct. His points should be considered but not automatically accepted or dismissed, just considered.

Oh, so we don't have laws or a Constitution, just suggestions. Got it. And yes, Mueller is responsible for the raid. It wouldn't have happened without his blessing.

 

[Veritas]

They are all Trump's "guys." Like, all of them. Mueller is a Republican. Everyone who was involved in the warrant was either a Trump appointee or hired by a Trump appointee. Who is the "they" Trump keeps blaming for this "witch hunt"? Nobody knows. The snake is eating itself.

All but a couple on Mueller's team are democrats. I'd feel better if Mueller was a democrat and hired 13 registered republicans. As it is and as we have seen since Trump's election, Rino and establishment republicans hate Trump. So can call Mueller whatever you want.

REPORT: How Many Lawyers On Mueller's Team Are Democrats, Republicans?

An examination of the voter registration records of the 16 publicly confirmed lawyers on Mueller's team found that 13 of them are registered Democrats. Not a single one is a registered Republican. Three have no party affiliation.

 

[cow451]

All but a couple on Mueller's team are democrats. I'd feel better if Mueller was a democrat and hired 13 registered republicans. As it is and as we have seen since Trump's election, Rino and establishment republicans hate Trump. So can call Mueller whatever you want.

REPORT: How Many Lawyers On Mueller's Team Are Democrats, Republicans?

An examination of the voter registration records of the 16 publicly confirmed lawyers on Mueller's team found that 13 of them are registered Democrats. Not a single one is a registered Republican. Three have no party affiliation.

Being neither Republican nor Democrat, that doesn’t impress me in and of itself. It is interesting the Trump appointees are signing off on the process.

BTW, Trump was a Democrat as was Cohen. Maybe “change coats” aren’t to be trusted.