Michael Cohen seeks restraining order on items seized by feds
15 April, 2018, 00:52 | Author: Salvatore Jensen
On Monday, the Federal Bureau of Investigation raided Cohen's office, hotel room and home, seizing numerous documents and other evidence.
Cohen's attorneys have filed a temporary restraining order asking the court to stop federal prosecutors from using some of the records they seized.
Cohen has not yet been charged with any crimes, but at this point it's a foregone conclusion. Sad!
In response to Cohen's motion to prevent prosecutors from using evidence collected in Monday's raids of his home and office, the United States attorney in NY asserted the raids were authorized by a federal judge to seek evidence of conduct "for which Cohen is under criminal investigation".
Federal investigators confirmed on Friday that Cohen is indeed under criminal investigation.
But the filing contains the first details released by the Justice Department on the searches, which covered Cohen's residence, hotel room, office, safety deposit boxes and two cell phones.
Cohen's attorneys say they want a chance to review documents seized in the raid on Monday and specify items they believe aren't relevant to the investigation.
The tweet referred to in the Journal'sreport is one Cohen posted of a photo of the front of an American passport - an image that obviously doesn't constitute evidence of anything at all, much less the dossier's claims being false.
While Trump had the "utmost interest" in ensuring that the process of preserving attorney-client privilege was respected, so did the public - and anyone who has ever sought legal counsel, Hendon said.
The uncertainty around what was taken has heightened the unease around Trump, whose lawyers had projected confidence in their dealings with the special counsel, Robert Mueller, but were caught flat-footed by the extraordinary raids on Cohen. Initially, Mueller had requested some records from Cohen while he was with the Trump family company - a position he held for about a decade - yet dropped the request after Cohen pushed back.
The Friday motion said that because of that overlap, "Mr Cohen's Fifth Amendment rights may be adversely impacted if this case proceeds", a reference to the possibility that his testimony could be used by prosecutors to build a related criminal case against him. Cohen recently admitted to paying the adult film actress Stephanie Clifford, known as Stormy Daniels, a sum of $130,000 just before the 2016 election.
"Although Cohen is an attorney, he also has several other business interests and sources of income".
Judge Kimba Wood shouldn't agree, contended the U.S. Attorney's Office for the Southern District of NY.
In any case, as previously reported, all seized materials are subject to review by a special "taint team" (make your own joke) to make sure they're not protected.
The court documents on Friday say that investigators have been focused on Cohen's "personal business dealings", not his work as an attorney on behalf of Trump.
Investigators traced evidence that Cohen entered the Czech Republic through Germany in August or September of 2016, according to two sources familiar with the matter cited by McClatchy.
"We're pretty confident there are thousands of privileged communications", Cohen's lawyer Todd Harrison told the judge.
"As a privilege holder, he [Trump] has an acute interest in those proceedings and the manner in which these materials are reviewed", Hendon said, asking Judge Kimba Wood at the US District Court for the Southern District of NY to postpone the hearing until next Monday.
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