Former Donald Trump attorney Michael Cohen, the star witness in the New York prosecution’s case against the former president, testified on Thursday that he recorded more than 40 phone conversations with reporters.
“Cohen said he recorded about 40 phone conversations with reporters and stopped after the 2016 election,” CNN reported. “He confirmed he has a strong relationship with New York Times reporter Maggie Haberman.”
Cohen also reportedly revealed that he did not tell people of his recordings then. Since New York is a one-party consent state, Cohen’s recordings were not illegal. He had roughly 95 recordings on his cell phone, one of which happened to be of former CNN President Jeff Zucker. more
Are there penalties for violating attorney/client privilege, or compelling others to do so?
Because it doesn’t LOOK like there are penalties for violating attorney/client privilege, or compelling others to do so.
If not, so much for Rule Of Law if you can’t trust your own lawyer…
Subpoena the calls to reporters. No privelage there.
Unless the other party was in a state such as Florida, where both/all parties have to know and agree to being recorded. Has anybody looked at the location of other end of those calls?
Turns out Cohen is a real Chatty Kathy with a Fisher-Price tape recorder…
@SNS: violation of the attorney/client privilege is not a criminal act. It is unethical and can lead to bar sanctions including disbarment in egregious cases. Waiver can also lead to complications in a trial – including a mistrial in some cases. However, there are exceptions to the privilege, including the crime/fraud exception which, to oversimplify, means you cannot protect your communications with your lawyer in the commission of a crime or fraud in which your lawyer is also involved.
Communications between Trump and his defense attorneys are privileged; Trump could even admit to his defense lawyers he intended to violate federal election law and those communications would be privileged. But Cohen was accused of being involved in criminal conduct with Trump, and those communications would not be privileged under the crime/fraud exception.
Only the client holds the privilege, and the client can waive the privilege either intentionally or inadvertently. Lawyers must assert the privilege on behalf of their clients, but lawyers cannot waive the privilege unless the client instructs them to or because the client otherwise waived the privilege.
Wyatt, Insensitive Progressive Jerk
FRIDAY, 17 MAY 2024, 11:49 AT 11:49 AM
Thank you for that thorough explanation.
That’s what I like here.
We have the SMART people, who are willing to share their hard-won knowledge.
Somehow I don’t think Wonkette could say the same…