Quote (IceMage @ Apr 10 2018 02:15am)
That first rule doesn't make much sense to me. If the investigators have reason to believe Cohen would destroy documents, why would they be required to issue a subpoena first?
I think the attorney rules are written with a presumption of good faith in attorneys. To skip past giving a lawyer a chance to voluntarily disclose documents on request and instead break down his door- that would be grounds to get a search tossed out as improper, even with probable cause. And its not hard to see why there's good reason in that to protect privilege and due process, going after attorneys should be a very high bar or else every prosecutor would just intimidate the defense's counsel. But for whatever reason, that
is the rule, and nobody seems to be pointing at the existence of any such attempt to give Cohen that option. Maybe it did happen and it hasn't been reported. But to actually skip that step would require some seriously compelling evidence that Cohen
intends to destroy evidence if they ask for it. And really, how could they possibly have that? Anything less than having Cohen on tape saying "
I will destroy the evidence if you ever subpoena me, lalala neener-neener" would fall short. Granted, its not a
legal right to be immune from search, its a set of
guidelines, and still falls under prosecutorial discretion, but it would give any judge with a civil libertarian bone left in his body a chance to jump at to throw out the baby and bathwater alike. Which frankly, they could do even if Mueller crossed/dotted all his t's and t's in accordance with the rules, anyway.
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@bold: Where's it say that?
I swear I read it somewhere possibly weeks ago when this stormy daniels saga was unfolding, various articles about "cohen talks to mueller all about stormy daniels", and again today in some of the numerous articles I was delving through, but in the storm of conflicting information right after the raids, who knows.
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As with everything Mueller related, I just assume what everyone thought about him the day before he was involved in investigating Trump, which is that he's a great attorney with integrity who is respected on both sides. I'll maintain that belief until I see sufficient evidence to prove otherwise.
Well not Dershowitz at least, he's seen Mueller as being an authoritarian captain ahab looking to cast his harpoon into civil liberties since the days of letting innocent men die in prison to protect whitey bulger as an informant
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