…from Kerry Eleveld @ Daily Kos….
Michael Cohen, Donald Trump’s longtime lawyer/fixer, has finally asserted his 5th Amendment rights against self-incrimination in the civil proceeding with adult film star Stormy Daniels.
The money quote is: “Based upon the advice of counsel, I will assert my 5th amendment rights in connection with all proceedings in this case due to the ongoing criminal investigation by the FBI and U.S. Attorney for the Southern District of New York.” Cohen is seeking to put a freeze on the defamation lawsuit filed against him by Daniels, and the federal judge handling the case in L.A. had ordered him earlier on Wednesday to submit a declaration pleading the 5th if he wanted to have a chance of getting a stay of the case.
Of course, we know how Trump feels about pleading the 5th because he told us on the campaign trail in 2016:
“The mob takes the Fifth,” he said at an Iowa campaign rally in September. “If you’re innocent, why are you taking the Fifth Amendment?”
Good question.
The judge in the civil case has postponed any actions in the case, such as taking sword depositions from Michael Cohen, for 90 days just to avoid this kind of problem of requiring statements that might incriminate oneself.
Yes….
Even he knows that Cohen is gonna get indicted….
The stuff seized by the feds will be reviewed by a second judge, who will hold anything that might be client privileged with Trump….
I have no need to start any argument, but those are two different issues:
(1) Attorney-client privilege, stemming from the 6th Amendment (criminal procedure) which reads in part:
“In all criminal prosecutions, the accused shall enjoy the right … to have the assistance of counsel for his defence.”
However, I understand that this applies to civil cases as well as criminal, whether or not the government is one of the parties (plaintiff or defendant).
(2) The right not to be forced to provide evidence — in either civil or criminal cases — that might then be used against oneself in a present or future criminal prosecution (not a civil lawsuit) derives however from a clause in the 5th Amendment:
“… ; nor shall any person be subject to for the same offence to be put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law;….”
* * * * *
But I’m not a lawyer nor do I claim to be; I didn’t study this in any detail in my paralegal classes, nor have I studied two centuries of specific, relevant case law (judicial decisions and precedents), nor do I have any practical experience litigating these matters.
I’ll leave it to our resident attorney-at-law to explain further and clarify any of my errors or omissions.
* * * * *
However, it always helps to read the Constitution and its amendments from time to time, at least the most important passages (as opposed, say, to the detailed procedures for electing a president), at least well enough to know where they can be found.
Just as it always pays (even if you’re a non-Christian or a lifelong atheist like me) to re-read from time to time the Sermon on the Mount (chapters 5-7 of the Gospel according to St Matthew).
The distinction is significant (and not just one of merely academic interest) because the judge applied different remedies:
(1) To protect against self-incrimination, the trial was delayed 90 days to see if Michael Cohen is indicted for a criminal act or acts (either by a state or federal grand jury or by the filing of a criminal information, in either state or federal court). If no such indictment or prosecution is forthcoming or expected, then presumably the civil case can resume. However, if there is a criminal proceeding against Michael Cohen, then presumably the civil case will again be postponed until the criminal case is concluded (one way or the other) and no other criminal proceeding seems likely.
(2) However, as James said in his last paragraph, to protect attorney-client privilege, the judge appointed a Special Master (who happens to seem acceptable to both sides) as the impartial agent of his impartial Court — and not of either party — to read through and review all the seized material to exclude that which might enjoy attorney-client privilege.
The question will be does the document relate to that type of work a lawyer would perform for a client.
Matters not related to legal matters are fair game.
Just because someone is a client does not automatically mean that anything a lawyer does falls within the privilege.
The hint has been that Cohen was involved in paying people for their silence,outside the framework of legal proceedings.Such could fall outside the privilege as that,in and of itself ,wouldn’t be a function of a lawyer representing a client.
It’s a nebulous line though and can often be open to various interpretations.
Taking the fifth in a civil case presents some difficulties though in that ,depending on the case, a jury is permitted to draw inferences from that act .
I feel that Cohen droadvastingbthis is giving the presumptive view of guilt, not innocence….
My question also is will the Feds keep the Medellin case and risk a pardon , or hand it over to the NYS AG?
Cohen IS probably generate more inquires since he seems to be the go to ‘bag man’ for others besides Trump
Trump HAS to be worried
Trump has to have had more women liaisons then reported in the public
Daniels case isn’t the only one out there
The shell company used by President Trump’s lawyer Michael Cohen to pay off porn actress Stormy Daniels received about $500,000 last year from a business linked to a Russian billionaire who is close to President Vladimir Putin.
Cohen’s company, Essential Consultants LLC, received the money from a U.S. offshoot of the business empire of Russian oligarch Viktor Vekselberg…..
More…