The Soapbox

Joined: 08/14/1998 Posts: 2251
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What's this?

He is asking to have documents set aside for privilege review by him

That is an unusual remedy given that a judge originally approved the issuance of the warrant after considering privilege issues.

To do that, Cohen has to inform the court why he is entitled to do that -- why the privilege applies. And why he shoudl get an exceptional remedy in this case. Arguing he has to review files seized by DOJ for an unnamed client isn't enough because refusing to say who your client is to a court in which you (the lawyer, Cohen) owe ethical responsbilities is a problem.

His attorney was also originally claiming Cohen had "thousands" of clients (presumably in an effort to convince Judge Kimba Wood that the harm to all these clients of the government digging through privileged information was so big, the harm to legal ethics so great. So Wood asked the attorney for the detail, and after the government noted Cohen had "exceedingly few" clients, she got a list of three in which one was unnamed.

That was not enough for her, and so she required disclosure of the name.

Sounds like Cohen's attorney's are also not the brightest bulbs in the room.

[Post edited by Hood at 04/16/2018 3:25PM]

(In response to this post by Sabremetrician)

Posted: 04/16/2018 at 3:18PM

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Current Thread:

Reveling in Hannity's misery aside, what's the legal justification for -- Sabremetrician 04/16/2018 3:11PM

Liberal NYC judge. ** -- ConnHoo 04/17/2018 1:36PM

Today was the perfect example of an echo-chamber. ** -- psychobilly 04/16/2018 9:42PM

Libs have lost their mind, Hannity has a lawyer OMG no way -- TomKazanski 04/16/2018 4:26PM

Not much of a lawyer, from what I can tell. -- VAGentleman05 04/16/2018 10:14PM

Hannity spent 15 minutes railing about the Cohen raid -- Hood 04/16/2018 5:54PM

Like market analysts are required to disclose their positions and -- TpkeHoo 04/16/2018 6:16PM

Actually responsible journalists DO reveal potential conflicts of interest -- 111Balz 04/16/2018 8:46PM

It's pretty standard journalism 101. -- Shenhoo 04/16/2018 9:55PM

Whenever the WaPo does an item on Amazon they mention Bezos also owns them. ** -- HowieT3 04/16/2018 9:45PM

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Its a tight knit group there. ** -- Guy LeDouche 04/16/2018 5:30PM

It's kinda like how Walter, Jesse, Gus, and Nacho all used Saul Goodman. -- WahooRQ 04/16/2018 5:41PM

Gus never used Saul. ** -- KaHOOnah 04/17/2018 07:55AM

Yeah, this is meaningless. If you believe that there's a bridge to Brooklyn -- WaxHoo 04/16/2018 5:20PM

Okay genius, tell us what this means? Hannity colluded? LOL. ** -- Hokieesith 04/16/2018 5:35PM

Hope you've had a fine day, sithie ** -- WaxHoo 04/16/2018 5:38PM

If Hannity were a journalist or if Fox were a real news organization, -- Shenhoo 04/16/2018 4:21PM

I see Hannity played the bad guy in Billy Madison -- WahooMatt05 04/16/2018 4:25PM

Trying to follow the WSJ reporter who is in the courtroom -- WahooMatt05 04/16/2018 3:18PM

Cohen can't break privilege without Hannity's consent. Surprised it was -- Sabremetrician 04/16/2018 3:25PM

As noted below, identity of a client is generally not subject to privilege ** -- Hood 04/16/2018 3:36PM

Hannity is denying that he ever paid Cohen. Is there any client/attorney -- HoosWillWin 04/16/2018 4:07PM

Yes. If Hannity had legal conversations with him, they are still -- JMHoo 04/16/2018 5:07PM

That’s not accurate. Has to be communications in which Hannity reasonably -- KCHoo 04/16/2018 11:19PM

Hannity essentially calling Cohen a liar. Who to believe? -- WahooMatt05 04/16/2018 4:21PM

Because he know people like you and your ilk eat it up, speculate, make -- TomKazanski 04/16/2018 8:50PM

How's that Seth Rich investigation coming along for Sleazy Sean? ** -- Shenhoo 04/16/2018 9:11PM

Ah, that's the kind of explanation I was looking for. I was thinking the -- Seattle .Hoo 04/16/2018 4:31PM

Maybe because it's ethically challenged -- wahoo138 04/16/2018 4:26PM

Well, every DC reporter is now digging into Hannity, so the truth will come -- WahooMatt05 04/16/2018 4:31PM

Probably a safe bet ** -- Hoo TV 04/16/2018 4:36PM

Cohen was doing it pro bono. Just like he paid Daniels pro bono. ** -- HowieT3 04/16/2018 4:11PM

Could have been just a reciprocal, in-kind, compensation arrangement, like -- Hoo TV 04/16/2018 4:23PM

Whether a relationship exists is multi-factor, but one thing is for sure: -- Hood 04/16/2018 4:09PM

As noted below, that is incorrect (and silly). ** -- Sabremetrician 04/16/2018 3:39PM

Are you familiar with the phrase, "Often wrong, but never in doubt"? -- Shenhoo 04/16/2018 6:03PM

None of the cases he cited support what he says. ** -- Sabremetrician 04/16/2018 8:04PM

Not according to the judge, against whose opinion you have not formulated a -- Shenhoo 04/16/2018 9:16PM

Pretty much describes Hood in this case. ** -- Sabremetrician 04/16/2018 8:02PM

No, you are wrong -- Hood 04/16/2018 3:52PM

That makes oh-for-three on your legal support ** -- Sabremetrician 04/16/2018 4:36PM

You brought a knife to a gun fight -- Hood 04/16/2018 5:30PM

If you're correct, why didn't each court simply say "There is no such -- Sabremetrician 04/16/2018 7:59PM

Hannity probably isn't even really a client. He's just lending his name to -- Hoo TV 04/17/2018 08:34AM

Because each of the courts below said the rule is that.... -- Hood 04/16/2018 11:25PM

Third case: -- Sabremetrician 04/16/2018 4:28PM

Second case doesn't involve attorney-client privilege at all. ** -- Sabremetrician 04/16/2018 4:22PM

You once again need to read much more closely -- Hood 04/16/2018 5:24PM

The first case involved a public official and a right-to know request. Not -- Sabremetrician 04/16/2018 4:17PM

"Client identities generally are not protected by the ....privilege" -- Hood 04/16/2018 5:21PM

Correct. Privilege is a qualified bar on discovery of communications -- WahooRQ 04/16/2018 5:53PM

What Fox News was just saying (I'm at my mother-in-law's house; all Fox all -- Seattle .Hoo 04/16/2018 4:24PM

I'm just surprised that the judge would require disclosure in open court ** -- Sabremetrician 04/16/2018 4:32PM

Well I'm no attorney either, but it sounds like Cohen opened the door. ** -- Seattle .Hoo 04/16/2018 4:33PM

He certainly did but it's not his privilege to waive. Maybe Hannity said OK ** -- Sabremetrician 04/16/2018 4:35PM

For the very last time, it is NOT attorney client privilege -- Hood 04/16/2018 5:14PM

That's my understanding, too. ** -- Seattle .Hoo 04/16/2018 7:19PM

Or maybe he didn't say OK... ** -- Sabremetrician 04/16/2018 4:40PM

He is asking to have documents set aside for privilege review by him -- Hood 04/16/2018 3:18PM

The problem is it's the client's privilege not the attorney's. ** -- Sabremetrician 04/16/2018 3:22PM

Identity of the client is not normally protected by privilege -- Hood 04/16/2018 3:34PM

Obviously it can't be required to publicly reveal a client's name in order -- Sabremetrician 04/16/2018 3:38PM

Confidentiality and privilege are two different things -- Hood 04/16/2018 3:42PM

Original question: what purpose was there to do it publicly? ** -- Sabremetrician 04/16/2018 3:45PM

Liberal NYC Judges don't need a purpose. ** -- ConnHoo 04/17/2018 1:37PM

Not sure the lawyers were smart enough to ask for private disclosure -- Hood 04/16/2018 3:55PM

Maybe there was a decision that whatever Cohen did for Hannity didn't ... -- HowieT3 04/16/2018 3:18PM

Ask Kimba Wood ** -- WaxHoo 04/16/2018 3:12PM