Justice Department Tells Court That Trump’s Own Admissions Undermine Claims Of Attorney-Client Privilege Over Cohen Material

160px-Official_Portrait_of_President_Donald_Trump_(cropped) I (and many others) have cautioned the President for over a year that his tweets and public comments are underlying his case (and litigation like the immigration challenges) in federal court.  Now the Justice Department has used the President’s latest comments in a call-in to “Fox and Friends” as eviscerating efforts to claim privilege over documents on his behalf in the review of the material seized from his personal lawyer, Michael Cohen.  While opposing counsel like Democratic state attorneys general have used Trump’s comments against his Administration and the Justice Department has struggled to defend against such use, this is the first time that his own Justice Department is using the President’s comments effectively against his interests.  In the meantime, it was revealed yesterday that the FBI seized 16 different cellphones from Michael Cohen.

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Report: Columbia Professor Used By Comey For Leak Was Actually A Special Government Employee With The FBI

440px-Comey-FBI-PortraitWe have been discussing the investigation by the Inspector General of the Justice Department into the leaking of FBI memos by former Director James Comey.  I have previously explained why there are serious questions concerning Comey’s conduct.  Now there is an interesting development after Fox News confirmed that the law professor used by Comey for his leak was in fact a “special government employee” (SGE) for Comey’s FBI.  That status of Columbia Professor Daniel Richman raised new concerns

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McCabe Resumes Call For Donations As Prosecutors Review Possible Criminal Charges Against Him

McCabeBelow is my column in The Hill newspaper on the referral of the Inspector General of the Justice Department of criminal charges against former acting FBI Director Andrew McCabe to the U.S. Attorney’s Office in Washington, D.C.  Unlike most referrals, this comes after an extensive investigation of McCabe where the IG, and the Office of Professional Responsibility, made unprecedented recommendations against McCabe after concluding that he lied repeatedly for his own personal interest.  It also follows a public statement by former FBI Director James Comey and McCabe’s account is untrue.  That will put a great deal of pressure on U.S. attorney for the District of Columbia, Jessie Liu, who President Trump appointed in July 2017.  Given the charges against others, like Flynn, McCabe is in a particularly bad position for such a referral. It now appears that McCabe will ask for more donations from the public.

Here is the column:

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Liar, Liar, DOJ On Fire? Comey and McCabe Offer Sharply Conflicting Accounts

440px-Comey-FBI-PortraitAndrew_McCabe_official_photoI previously wrote that President Donald Trump has the curious skill of bringing out the worst in his critics.  In the last two weeks, two of Trump’s greatest critics have not only faced their own investigations into leaks by the Inspector General (and McCabe is now the subject of a criminal referral for prosecution), they are increasingly at odds with one another. It is clear that either Comey or McCabe is offering a false account of leaks from the Justice Department.  With McCabe now promising defamation lawsuits and the possibility of a prosecution, this could get much worse before it gets better.

 

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Comey Explains His Investigative Basis For Saying Trump Is “Possibly” Being Blackmailed By The Russians

440px-Comey-FBI-PortraitI previously criticized former FBI Director James Comey for his declaration that President Donald Trump is “possibly” under the influence of compromising information held by the Russians.  There has of course been considerable speculation about “Golden Showers” and Russian prostitutes. However, when the person who once headed the investigation pointedly discussed the possibility, it suggests something more than speculation.   It turns out that it was based precisely on that . . . speculation.

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After The Inspector General Report, Questions Grow Over The Lack Of A Criminal Referral For McCabe

McCabeJustice Department Inspector General Michael Horowitz has released his watchdog report on the conduct of former Deputy FBI Director Andrew McCabe and it is scathing.  As I discussed in an earlier column, McCabe took the unprecedented step of a top former FBI officer of asking for donations on GoFundMe and racked in more than half a million dollars.  He notably raised the money and then closed the site not long before the release of the report showing that he repeatedly made false statements to investigators as well as Comey.  It was like creating a victim fund before police concludes whether you were attacked or the attacker.  Horowitz did not convey any doubt as to McCabe being the culprit.  He and his career staff found that McCabe not only lied but did so to advance his personal — the public’s — interest. If that is the case, it only magnifies the concerns over the treatment of McCabe as opposed to the Trump officials (like Michael Flynn) who he once investigated.  The fact that he had the audacity to raise a half million dollars before the facts were made public only heightens these concerns.

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