The FBI is not playing with President Trump.
On Monday, the FBI raided the office of Trump’s longtime personal lawyer, Michael D. Cohen. They took with them records related to several topics, including payments to a porn actress, according to the New York Times.
This search was not related to Special Counsel Robert Mueller’s work, but rather appears to have been something additional, possibly uncovered by Mueller’s Russia investigation and turned over to the U.S. Attorney’s Office for the Southern District of New York.
But it’s not all Stormy.
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“The F.B.I. also seized emails, tax documents and business records, the person said,” the Times reported. Including “communications between Mr. Trump and Mr. Cohen…”
Ah. Aren’t thorough investigations just the worst.
Former White House and Congressional Committee lawyer Andy Wright made the point that Mueller possibly found evidence relevant to potential crimes outside his scope:
This was a referral by Mueller to the FBI & US Attorney for the Southern District of New York, suggesting this is NOT part of Mueller's investigation but rather Mueller obtained evidence relevant to potential crimes outside his scope 2/
— Andy Wright (@AndyMcCanse) April 9, 2018
An FBI of a lawyer's office raises lots of sticky issues related to attorney-client privilege and litigation work product, however, one of the exceptions to the attorney-client privilege is the crime/fraud exception 4/
— Andy Wright (@AndyMcCanse) April 9, 2018
That suggests that there is a second federal criminal investigation focusing on Michael Cohen based in NY under traditional (non-Special Counsel) structures 3/
— Andy Wright (@AndyMcCanse) April 9, 2018
The crime/fraud exception applies where there is evidence the attorney's assistance was obtained in the furtherance of that crime or fraud in ongoing or future-contemplated criminal conduct 5/
— Andy Wright (@AndyMcCanse) April 9, 2018
And what if Cohen is offered a deal for this potential crime in exchange for testimony in the Mueller investigation, Joyce Alene points out:
Cohen could be offered a deal on charging/sentencing in SDNY's investigation in exchange for testimony in the Mueller investigation. He has always said it was his job to take a bullet for Trump, but you've gotta wonder if that includes a sentence in federal prison? https://t.co/UiQkghwSpM
— Joyce Alene (@JoyceWhiteVance) April 9, 2018
Mueller does not rest, he will get his man whoever it is.
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