According to President Trump, all lawyers are deflated and concerned because of the raid on his attorney Michael Cohen. [Las Vegas Sun]
Judge Denton has decided to keep the courtroom open in a personal injury case against David Copperfield that may require him to reveal the secret behind one of his illusions. [KTNV]
Danny Tarkanian was sued by his former law partner Samira Knight over $200,000 that she claims he took without authorization. [TNI]
Crime/fraud is not sorted out at the issuance of the warrant. Crime/fraud gets sorted out later. Because criminal procedure is the one place that unringing the bell works.
This was discussed last week. The USAM simply governs the internal protocols which AUSAs are supposed to follow; there is no penalty or remedy if AUSAs do not follow that protocol. Furthermore the USAM does not have any bearing on the issuance of the warrant. Having been involved with more than one case that involved a search warrant issued on a law firm here in Nevada, I can tell you steps 1, 2 and 3 are routinely ignored by AUSAs here in Nevada. Furthermore all of these articles discuss what was supposed to happen; the Washington Post has no evidence of what actually occurred in the Cohen search warrant.
Second of all, Magistrates do not rule whether crime/fraud has been met at the time of the issuance of the warrant. We want to believe that there is a higher standard for going after law firms; the formal protocol which should be followed does not always/often match what occurs in practice.
Guest
Anonymous
April 16, 2018 5:51 pm
Any attorney that is not even a little concerned about the government entering an attorney's office (and home) and confiscating that attorney's work papers is purely partisan.
If the warrant said, "go ahead and seize documents, seal them up, and then bring them to the court for in camera review before looking at them," that would maybe be unobjectionable. There is no control on a prosecutor with access to all of the documents. You can exclude stuff later, but you can't unring the bell of broken confidence.
That is especially important in a case with political implications, where leaks of confidential files that are excludable are almost certain, and where those leaks of confidential information will be used to shore up political support for continued investigation. This needs to end. Trump needs to grab his balls and fire Comey. CJ Roberts will grant a motion to dismiss any articles of impeachment based on that, even assuming they get through the House (because it's not impeachable), and even if he didn't, the Senate will not vote 2/3 to convict. This needs to end.
I do not need nor do I want Donald Trump speaking on my behalf about whether I am deflated or concerned about anything having to do with being a lawyer.
Guest
Anonymous
April 16, 2018 7:49 pm
I am partially deflated and my hands seem smaller.
Guest
Anonymous
April 16, 2018 8:23 pm
I am overinflated but only mildly concerned about it.
Guest
Anonymous
April 16, 2018 10:17 pm
I am underinflated and overly concerned
Guest
Anonymous
April 17, 2018 12:32 am
I am conflated and discerned.
Guest
Anonymous
April 17, 2018 2:59 pm
I am gravely concerned about the judges down at the RJC who violate people's due process rights.
That is messed up. You have someone with a hidden agenda there.
Guest
Anonymous
April 17, 2018 4:08 pm
That is preventing you from presenting and defending your client's case, that is unethical. That should be on the record and obvious. Please file the complaint for others.
I am neither deflated nor concerned.
I am as deflated and concerned as Orin Kerr:
https://twitter.com/OrinKerr/status/985571773738500096
Crime/fraud is not sorted out at the issuance of the warrant. Crime/fraud gets sorted out later. Because criminal procedure is the one place that unringing the bell works.
https://www.washingtonpost.com/news/politics/wp/2018/04/09/to-search-michael-cohens-home-and-office-the-fbi-had-to-clear-a-higher-than-normal-bar/?utm_term=.c19307d3c3b2
This was discussed last week. The USAM simply governs the internal protocols which AUSAs are supposed to follow; there is no penalty or remedy if AUSAs do not follow that protocol. Furthermore the USAM does not have any bearing on the issuance of the warrant. Having been involved with more than one case that involved a search warrant issued on a law firm here in Nevada, I can tell you steps 1, 2 and 3 are routinely ignored by AUSAs here in Nevada. Furthermore all of these articles discuss what was supposed to happen; the Washington Post has no evidence of what actually occurred in the Cohen search warrant.
Second of all, Magistrates do not rule whether crime/fraud has been met at the time of the issuance of the warrant. We want to believe that there is a higher standard for going after law firms; the formal protocol which should be followed does not always/often match what occurs in practice.
Any attorney that is not even a little concerned about the government entering an attorney's office (and home) and confiscating that attorney's work papers is purely partisan.
Or maybe there are attorneys out there who recognize the nuances to the applicability of the attorney-client privilege.
Yeah, I'm totally comfortable with a prosecutor sorting out those nuances for me after seizing all of my client files. Who needs judges?
11:31 here. Didn't a judge approve the seizure request?
And not only that, 12:37, but it's almost certain different judges signed off on the warrant and will rule on evidentiary issues at trial.
If the warrant said, "go ahead and seize documents, seal them up, and then bring them to the court for in camera review before looking at them," that would maybe be unobjectionable. There is no control on a prosecutor with access to all of the documents. You can exclude stuff later, but you can't unring the bell of broken confidence.
That is especially important in a case with political implications, where leaks of confidential files that are excludable are almost certain, and where those leaks of confidential information will be used to shore up political support for continued investigation. This needs to end. Trump needs to grab his balls and fire Comey. CJ Roberts will grant a motion to dismiss any articles of impeachment based on that, even assuming they get through the House (because it's not impeachable), and even if he didn't, the Senate will not vote 2/3 to convict. This needs to end.
@11:31 am – hahahaha, that was a joke, right?
@10:51 am – hahahaha, that was a joke, right?
I am fully deflated but only partially concerned
I do not need nor do I want Donald Trump speaking on my behalf about whether I am deflated or concerned about anything having to do with being a lawyer.
I am partially deflated and my hands seem smaller.
I am overinflated but only mildly concerned about it.
I am underinflated and overly concerned
I am conflated and discerned.
I am gravely concerned about the judges down at the RJC who violate people's due process rights.
If a judge is not allowing due process, you should appeal and file an ethics complaint. That is fucked up!
I would be gravely concerned, too . . . if it existed.
That is messed up. You have someone with a hidden agenda there.
That is preventing you from presenting and defending your client's case, that is unethical. That should be on the record and obvious. Please file the complaint for others.