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DonViejo

(60,536 posts)
Tue Apr 24, 2018, 09:03 AM Apr 2018

Flipping Cohen against Trump may not be so easy

Secrecy issues make turning a lawyer against a client a legal minefield, experts say

By JOSH GERSTEIN 04/24/2018 05:00 AM EDT

Getting Michael Cohen to rat out President Donald Trump may not be as simple as it sounds.

Although Trump’s detractors are rooting for Trump's personal attorney to “flip” on the president and cooperate with special counsel Robert Mueller to escape a potentially harsh prison sentence, legal obstacles make it difficult for lawyers to expose their clients’ guarded secrets.

Even if Cohen is determined to break his confidences with Trump, legal ethics might deter federal prosecutors from coaxing him to betray his professional confidences with Trump, legal veterans and experts say.

"This idea of 'flipping' Cohen—they can't just flip a lawyer to testify against a client," longtime defense attorney Harvey Silverglate said. “Even if Cohen doesn't know better, one would think the FBI and the prosecutors would know better."

more
https://www.politico.com/story/2018/04/24/cohen-trump-attorney-legal-minefield-546336

21 replies = new reply since forum marked as read
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Flipping Cohen against Trump may not be so easy (Original Post) DonViejo Apr 2018 OP
Threatening Cohen with 100 years in the slammer should do wonders. InAbLuEsTaTe Apr 2018 #1
Except if he was not acting as a lawyer or was committing legal acts. hlthe2b Apr 2018 #2
I don't think it counts if they commit felonies together. eom docgee Apr 2018 #3
That would make sense, Mr. Silverglate, except that Cohen is not his "lawyer" Goodheart Apr 2018 #4
The ratting out may need only to consist of "Is this or is it not your handwriting?" Orsino Apr 2018 #5
I'd be surprised if he flipped NewJeffCT Apr 2018 #6
Then he would still HAVE to testify leftynyc Apr 2018 #9
he still takes the 5th NewJeffCT Apr 2018 #10
LOL leftynyc Apr 2018 #15
It may come to the Supreme Court NewJeffCT Apr 2018 #16
Or just have Eric Schneiderman leftynyc Apr 2018 #17
Schreiderman has only just started that process NewJeffCT Apr 2018 #18
That's not correct leftynyc Apr 2018 #19
This is a poorly written article PJMcK Apr 2018 #7
You are right on the mark with Wellstone ruled Apr 2018 #12
Thanks PJMcK Apr 2018 #14
Sounds like Mr.Cohen will be Wellstone ruled Apr 2018 #21
I don't think his trip to Prague edhopper Apr 2018 #8
It would probably depend on the charges? kentuck Apr 2018 #11
Let's hope genxlib Apr 2018 #13
Being vulnerable to both Federal and State charges makes it hard to flip Cohen FarCenter Apr 2018 #20

hlthe2b

(103,332 posts)
2. Except if he was not acting as a lawyer or was committing legal acts.
Tue Apr 24, 2018, 09:05 AM
Apr 2018

Hardly when "legal ethics" comes into play. I think this is more BS

Orsino

(37,428 posts)
5. The ratting out may need only to consist of "Is this or is it not your handwriting?"
Tue Apr 24, 2018, 09:33 AM
Apr 2018

Unless Cohen is going to claim that he falsified records, the evidence may already be being sifted through by the filter team.

NewJeffCT

(56,832 posts)
6. I'd be surprised if he flipped
Tue Apr 24, 2018, 09:34 AM
Apr 2018

Trump and Roger Stone supposedly treated Cohen like crap, but Cohen still loved Trump. I don't see that changing.

He's counting on a huge pardon from Trump to absolve him of any criminal charges from Mueller.

 

leftynyc

(26,060 posts)
9. Then he would still HAVE to testify
Tue Apr 24, 2018, 09:57 AM
Apr 2018

against donnie (or whoever) because a pardon would remove his ability to plead the 5th. Not sure the writers have actually thought this through.

 

leftynyc

(26,060 posts)
15. LOL
Tue Apr 24, 2018, 11:33 AM
Apr 2018

I don't see that happening. All that would do is make sure Eric Schniederman gets involved with state charges.

NewJeffCT

(56,832 posts)
16. It may come to the Supreme Court
Tue Apr 24, 2018, 11:35 AM
Apr 2018

to rule the pardon is invalid because it's obstructing justice. I wonder how Neil Gorusch would rule on that?

 

leftynyc

(26,060 posts)
17. Or just have Eric Schneiderman
Tue Apr 24, 2018, 11:37 AM
Apr 2018

charge him with state charges. Pretty sure Gorsuch would have to recuse.

NewJeffCT

(56,832 posts)
18. Schreiderman has only just started that process
Tue Apr 24, 2018, 11:40 AM
Apr 2018

NY would have to change their laws to allow him to prosecute - which he just recently requested that the NY legislature to do. With Republicans controlling the NY state senate, I don't see that law passing.

 

leftynyc

(26,060 posts)
19. That's not correct
Tue Apr 24, 2018, 11:42 AM
Apr 2018

IF he's charged with the same crime both on a federal level AND state - then NY would have to change the law. If he's only charged with state crimes, we're all good.

PJMcK

(22,220 posts)
7. This is a poorly written article
Tue Apr 24, 2018, 09:43 AM
Apr 2018

First of all, the attorney/client issue has been dissected repeatedly since the raids on Cohen's residences and office. This article merely repeats things we heard a week or more ago.

Next, there is very little comment or perspective from Robert Mueller's team; they don't leak or talk to reporters. Accordingly, all the article can do is pick and choose from the legal filings or quote third parties who aren't involved and can only speak from afar.

Lastly, all of the talk about "flipping" Cohen misses this point: Cohen is most likely guilty of numerous financial crimes. Perhaps he's the target and not Trump. Besides, Mr. Mueller's strategy seems to be divide and conquer by picking off Trump's associates one by one. Eventually, Trump will stand alone.

The article seems to me to be something written to fill the time until the next legal announcement by Mr. Mueller.

 

Wellstone ruled

(34,661 posts)
12. You are right on the mark with
Tue Apr 24, 2018, 10:40 AM
Apr 2018

your post. Cohen will do what ever is in his interests to stay alive. New York's AG not let this Sucker escape.

PJMcK

(22,220 posts)
14. Thanks
Tue Apr 24, 2018, 11:21 AM
Apr 2018

Cohen is in a deep hole of trouble. He knows it, too. That's why he was so respectful of the agents who raided his places.

It's interesting that all of the commentary about Cohen flipping makes the assumption that he has the dirt on Trump. No one has suggested that they're all innocent. I guess that says a lot.

genxlib

(5,570 posts)
13. Let's hope
Tue Apr 24, 2018, 10:56 AM
Apr 2018

That the incriminating evidence found is so strong that they both go down without a deal.

Is it really so hard to believe that they operated blatantly illegal schemes without any caution at all. Who knows what they found in those offices.

 

FarCenter

(19,429 posts)
20. Being vulnerable to both Federal and State charges makes it hard to flip Cohen
Tue Apr 24, 2018, 11:43 AM
Apr 2018

Which prosecutor is going to get him to plead what offenses?

How do they assure Cohen that the other prosecutor won't bring charges against other offenses in the other jurisdiction?

How do they make the plea deal and immunity broad enough to give Cohen confidence that further charges won't be brought?

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