Criminal Law

Finally, It’s Significant That Mueller Sent This Matter To The Federal Attorney’s Office In New York For It To Pursue.

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Only truly startling developments engage a lot of us. The FBI search of the office, home and hotel room of Trump’s attorney Michael Cohen is such a development. It’s historic, even in the lofty context of a special counsel investigation of the president. This is what we know, in part from Cohen’s attorney: The United States attorney’s office in Manhattan, acting on a referral from Mueller, sought and obtained search warrants for Cohen’s law office, home and hotel room, seeking evidence related at least in part to his payment of $130,000 in hush money to the adult actress Stephanie Clifford, who goes by her stage name, Stormy Daniels. What does this tell us? First, it reflects that numerous officials — not just Mueller — concluded that there was probable cause to believe that Cohen’s law office, home and hotel room contained evidence of a federal crime. Second, the search demonstrates that federal prosecutors and supervisors in the Justice Department concluded that Cohen could not be trusted to preserve and turn over documents voluntarily. Third, the search suggests that prosecutors most likely believe that Cohen’s clients used his legal services for the purpose of engaging in crime or fraud. Finally, it’s significant that Mueller sent this matter to the federal attorney’s office in New York for it to pursue. Mueller is empowered to investigate both alleged coordination between Russia and the Trump campaign and any matters “that arose or may arise directly from the investigation.” It’s easy to conclude that after so many bombshells, this is just another overfrantic news cycle. It’s not. It’s highly dangerous, and not just for Cohen.

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