Trump Attacked Michael Cohen On Twitter, He May Have Waived Attorney-Client Privilege

He needs to learn to keep his mouth shut, or start getting fitted for an orange jumpsuit.


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In his latest installment of “How Can I Screw Up My Own Defense Today,” Donald Trump just weeks ago invoked a legal strategy that will almost assuredly come back to bite him in the ass very shortly. Whether he intended to or not, his tweets about Michael Cohen on December 13 may have opened up all of the communications between Trump and his former personal lawyer, even those that were once designated as “privileged” by the Special Master who was appointed to oversee the evidence gathered in the FBI raid on Cohen’s home and offices.

Back in April, US District Court Judge Kimba Wood appointed Barbara Jones to oversee the evidence in a hotly-contested decision to allow much of the documents, recordings, texts, and other data seized in the early-morning FBI raid. It seems like a lifetime ago, but at the time, America was yet to hear the recorded audio of Trump and Cohen discussing the illegal payments to Stormy Daniels and Karen McDougal, the two women with whom Trump had affairs shortly after the birth of his youngest son.

That Thursday, Trump took to Twitter to decry the testimony that Cohen has been offering in recent weeks — namely that he made the payments at the direct request of his former employer, Mr. Trump:

By publicly stating that he was acting on “advice of counsel,” Trump may have inadvertently opened himself up to further scrutiny of the “privileged” communications that Jones set aside. ACLU attorney Joshua Block seemed to agree in a tweet shortly after Trump’s outburst:

Most legal experts agree as well: The waiver could extend through the entire time the client and attorney worked together, up to and including during a trial.

Indeed, Jones’ final assessment of the Cohen raid items was that “7,146 are Privileged, 285 are Highly Personal, and 8 are Partially Privileged.” That means I can think of 7,439 reasons Trump ought to put down his phone today.

Featured image via screen capture


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