Thursday, May 3, 2018

Attorney?

So what we have learned today is that Donald Trump has made a series of payments to Michael Cohen over the last year or so, in the amount of apparently about $460,000.00 to cover his payoff to Stormy Daniels, taxes owed on that payment and whatever the hell else Cohen has done for Trump.  These payments are being referred to as "retainers."

Well, these payments are not retainers.  Yes, Cohen is an attorney, but passing hush money to a prostitute does not constitute legal work.  If I paid Cohen a couple hundred dollars to lube my car, that wouldn't make him my attorney, and neither does this make him Trump's attorney.  To be blunt, this does not constitute an attorney-client relationship, merely because Cohen happens to have (for the moment) a law license.

So, here is my question:  I am not an attorney, so I guess that I am just speculating here, but what I wonder is, does that mean that there is no attorney-client privilege in this matter?  Will Mueller, who certainly does know what the law says, be moving tomorrow to remove the special master, and treat every scrap of information seized from Cohen as fair game?  As I said, I don't really know, but it seems to me that there is a pretty damned good case to be made for this action. We'll see, I am sure.

1 comment:

Jerry Critter said...

I think it is more likely that Mueller will use the possible lack of attorney-client privledge to challenge information that special master deems privledged.