Dawn K. Profile picture
Apr 13, 2018 29 tweets 15 min read
Wow. I’m going to highlight some of the important (and hilarious) parts of the governments filing here. Good stuff and a lot to be learned about Cohen/Trump. #CohenFiling #StormyDaniels #Friday13
This document is the Govt's Opposition to Cohen's Motion for a Temporary Restraining Order. In layman's terms, he's trying to keep the govt from looking at what it lawfully took from his office, hotel, etc. 2/ #CohenFiling pacer-documents.s3.amazonaws.com/119/491943/127…
On page 1 of the filing, it states that Cohen is under criminal investigation. For what he's being investigated, it's blacked out. But just let it sink in that the attorney for the President of the United States is under criminal investigation. And it gets better. #CohenFiling 3/
Cohen is attempting to keep the govt from reviewing evidence based on the fact that he's a "criminal defense attorney." The govt isn't playing: he's NOT a criminal defense attorney. Not only that, he's being investigated for "personal business dealings." #MichaelCohen 4/
Page 1 further states that Cohen has "exceedingly few clients and a low volume of potentially privileged communications." This isn't good news for Cohen or for Trump. The govt reminds Cohen that attorneys can be investigated for their conduct just like anyone else #CohenFiling 5/
Pg. 2 states that a Magistrate Judge found "probably cause to believe that Cohen's premises and devices contained evidence...that specified federal crimes were committed." The search warrant was executed to protect attorney-client privilege. #MichaelCohen 6/
Here's some news: on pg. 3 it states that these searches were carried out as part of an "ongoing grand jury investigation" being conducted by the Southern District of New York and the FBI. I was a paralegal for 17 years and often dealt with SDNY; they DO NOT play. #CohenFiling 7/
In the footer at the bottom of pg. 3 the govt states that, contrary to Cohen's assertions, this investigation is proceeding independently from that of Robert Mueller/Special Counsel. IOW, Trump can fire everybody; this investigation continues. #CohenTapes 8/
Pg. 4 states that although Cohen describes himself as an attorney, and precautions were taken accordingly, "the searches are the result of a months-long investigation of Cohen...[which] relate to Cohen's own business dealings." This is problematic for Cohen. #CohenTapes 9/
More bad news for Cohen on pg. 4: "...the overwhelming majority of evidence seized during the searches will not be privileged material, but rather will relate to Cohen's business dealings." See, you can't just call yourself an attorney and break the law with impunity. #Cohen 10/
The government states that a filter team was used to review the material and identify those documents which are subject to attorney-client privilege. In defining that privilege the govt notes that such privilege is waived by voluntary disclosure to a third party. #CohenTapes 11/
Given that Trump, Cohen, et al are constantly talking about what they've done I find it hard to believe that they didn't waive attorney-client privilege alone on numerous occasions. Let's continue. Cohen proposed that his OWN ATTORNEY review documents for privilege LOL #Cohen 12/
Cohen's attorney's claims of privilege would likely be "generous." You think?? Hilarious. Cohen has claimed that "each and every communication" involved Cohen & anyone at Trump Org would be privileged. Govt says that would be overbroad (pg. 9). #Cohen #CohenTapes 13/
I almost missed this one! The govt tells that court that the "lawfulness and manner of execution" of the searches has not been seriously challenged adding that Cohen himself WENT ON CNN TO SAY HOW NICE THE FBI WAS. They just can't help it, can they? 😂 #CohenRaid #CohenTapes 14/
On pg. 10, the govt states that Cohen has no attorney-client privilege with anyone OTHER THAN WITH PRESIDENT TRUMP. Cohen has told at least one witness that Trump is his only client. If those communications were about committing crimes, guess what? Not protected. #CohenTapes 15/
Here's where we get to the good stuff. Pg. 11 "...there is reason to doubt that even communications with his only publicly identified client regarding payments to...Stormy Daniels would be protected by attorney-client privilege." Guess why? #CohenTapes #StormyDaniels 16/
Well, it appears that Trump went in front of cameras & told those folks to "talk to Michael" about payments to Stormy Daniels because he didn't know anything about. Article quoted in motion: cnn.com/2018/04/05/pol… The Gang That Couldn't Shoot Straight. 😂 #TrumpLies #Cohen 17/
SDNY has reason to doubt that "the seized materials will include the volume and nature of attorney-client nature that Cohen claims." "Cohen is performing little or not legal work...zero emails were exchanged with President Trump." Can't claim privilege if you're not a lawyer 17/
Cohen cites the wrong section of the USAM reserved for "attorneys who are not suspects" but the govt says, "The applicable provision is that which applies when the attorney is a 'suspect, subject or target' of an investigation." Do they really not know? 😳#CohenTapes 18/
Here it is: the USAO-SDNY executed a search warrant v. less obtrusive means because "the nature of the investigation and the nature of the offenses...sound in fraud and evidence a lack of of truthfulness." Furthermore they've learned REDACTED. 😳#CohenMotion #CohenTapes 18/
Pg. 14: "These records could have been deleted without record, and without recourse for law enforcement." So, not surprisingly, they raided Cohen because they thought he'd delete the evidence. It gets worse. #TrumpCrimeFamily #CohenTapes #CohenMotion 19/
Pg. 15 "Had the USAO-SDNY served Cohen with a subpoena, he may have been entitled to asset [sic] a Fifth Amendment Objection to Compliance." Where did they get that idea...? Oh. 😳 bloomberg.com/news/articles/… #CohenMotion #CohenRaid 20/
Further, they raided him because they saw that serving him with a Subpoena would be "futile." The govt then states that "LOL, Cohen thinks his att3orney should view the documents first" (paraphrasing from pg. 16). 😂 #CohenRaid #SDNY 21/
Cohen claims that the seized material contains privileged material with clients but a) Trump was the only client and b) he never emailed, so (pg. 17). On pg. the govt states that attorney-client privilege may not be used as both a "shield and a sword." #SDNY #CohenRaid 22/
Pg. 20-21 "... the warrant authorized seizure of materials from Cohen, because the judge found probable cause to believe that such materials would include evidence of Cohen's own crimes." #SDNY #CohenRaid #CohenCrimes #TrumpCrimeFamily 23/
So tl;dr of the govt's opposition to Cohen's motion:
1. Michael Cohen is under criminal investigation
2. He mostly wasn't acting as an attorney at all
3. Most of what they found isn't privileged because 2.
4. There is an ongoing grand jury investigation into Cohen
#Cohen 24/
5. This investigation is independent of Mueller's investigation
6. Cohen never complained about the raid, and in fact praised it, which hurts him in court
7. Trump is COHEN'S ONLY CLIENT
8. Stormy Daniels communications probably not protected (See, Trump on AirForce1) 25/
9. They thought Cohen would delete everything
10. The judge who executed the warrant believed it would show Cohen's crimes.

That's it. 😊 #CohenTapes #CohenRaid #SDNY #TrumpCrimeFamily Here's the motion again: pacer-documents.s3.amazonaws.com/119/491943/127…
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