Michael Cohen Schools Trump’s Dumb Lawyer
At Donald Trump’s hush-money trial Thursday, his former lawyer and fixer Michael Cohen had a legal lesson for Trump’s counsel. Cohen, a witness for the prosecution, was being cross-examined by Trump’s attorney Todd Blanche, who asked Cohen about conversations that the former Trump employee had secretly recorded. Blanche, in a stern tone, asked Cohen if he ever told anyone that he was recording them, and reportedly seemed surprised when Cohen said no. Cohen calmly told Blanche, “It’s not illegal in New York.” Blanche seemed offended at this answer.“Mr. Cohen, I did not ask you if you were breaking the law,” Blanche replied.In the state of New York, for a recording to be made legally, one-party consent is required. This means that one party to the recorded conversation has to give their permission to be in accordance with the law, and Cohen, as the one making the recordings, had that consent from himself. Earlier, Blanche pressed Cohen about recorded conversations that were privileged, like those between attorney and client, but then probably wished he hadn’t. “You understand that it is not ethical to record a conversation with your client, there’s lots of New York bar opinions on this. But you are not supposed to record your client,” Blanche said. “Well, there’s the crime-fraud exception rule,” Cohen replied, alluding to the case in question.Cohen has been testifying all this week on his role in Trump’s scheme to cover up an affair with adult film actress Stormy Daniels before the 2016 election by paying her off with Cohen’s help. The Republican presidential nominee faces 34 felony charges for allegedly falsifying business records with the intent to further an underlying crime. Trump has pleaded not guilty on all counts.
At Donald Trump’s hush-money trial Thursday, his former lawyer and fixer Michael Cohen had a legal lesson for Trump’s counsel.
Cohen, a witness for the prosecution, was being cross-examined by Trump’s attorney Todd Blanche, who asked Cohen about conversations that the former Trump employee had secretly recorded.
Blanche, in a stern tone, asked Cohen if he ever told anyone that he was recording them, and reportedly seemed surprised when Cohen said no.
Cohen calmly told Blanche, “It’s not illegal in New York.” Blanche seemed offended at this answer.
“Mr. Cohen, I did not ask you if you were breaking the law,” Blanche replied.
In the state of New York, for a recording to be made legally, one-party consent is required. This means that one party to the recorded conversation has to give their permission to be in accordance with the law, and Cohen, as the one making the recordings, had that consent from himself.
Earlier, Blanche pressed Cohen about recorded conversations that were privileged, like those between attorney and client, but then probably wished he hadn’t.
“You understand that it is not ethical to record a conversation with your client, there’s lots of New York bar opinions on this. But you are not supposed to record your client,” Blanche said.
“Well, there’s the crime-fraud exception rule,” Cohen replied, alluding to the case in question.
Cohen has been testifying all this week on his role in Trump’s scheme to cover up an affair with adult film actress Stormy Daniels before the 2016 election by paying her off with Cohen’s help. The Republican presidential nominee faces 34 felony charges for allegedly falsifying business records with the intent to further an underlying crime. Trump has pleaded not guilty on all counts.
