April 10, 2018
THE TIGHTENING NOOSE:
The Search of Trump Lawyer Michael Cohen's Office: What We Can Infer Immediately (KEN WHITE, 4/09/18, Popehat)
Pretty delicious that a series of his own appointees are driving this.It's very early on, but here's some things we can already tell.1. According to Cohen's own lawyer, the U.S. Attorney's Office for the Southern District of New York (widely regarded within itself as being the most important and prestigious U.S. Attorney's Office in the country) secured the search warrants for the FBI. Assuming this report is correct, that means that a very mainstream U.S. Attorney's Office -- not just Special Counsel Robert Mueller's office -- thought that there was enough for a search warrant here.2. Moreover, it's not just that the office thought that there was enough for a search warrant. They thought there was enough for a search warrant of an attorney's office for that attorney's client communications. That's a very fraught and extraordinary move that requires multiple levels of authorization within the Department of Justice. [...]3. A Magistrate Judge signed off on this. Federal magistrate judges (appointed by local district judges, not by the President) review search warrant applications. A Magistrate Judge therefore reviewed this application and found probable cause -- that is, probable cause to believe that the subject premises (Cohen's office) contains specified evidence of a specified federal crime.
MORE:
Why Robert Mueller Handed Off the Michael Cohen Raid (JED SHUGERMAN, APRIL 09, 2018, Slate)
First, remember that Mueller has learned that Trump has already tried to fire him, and the person who reportedly stopped him--White House counsel Don McGahn--is rumored to be on his way out of the administration.The Post is reporting that the subject of the Cohen warrant was an investigation into possible bank fraud, wire fraud, and campaign finance violations, possibly related to a hush money contract with adult film performer Stormy Daniels. Mueller probably could have made a claim that Cohen already fell under his jurisdiction, which is to investigate Russian election interference, links between the Trump campaign and Russia, and "any matters that arose or may arise directly from the investigation." But it has been reported that Deputy Attorney General Rod Rosenstein made the call to involve the U.S. attorney, and perhaps Rosenstein made a strategic calculation about Trump, or they agreed together. It seems, though, that both men know they need to spread Mueller's work around as a hedge against his firing, and maybe even to try to deter Trump from firing him.
In comments after the raid, Trump attacked Mueller, Rosenstein, and Attorney General Jeff Sessions, hinting ominously about what he might do next. Mueller and Rosenstein may have anticipated that this raid might have been the last straw for Trump, triggering their firings as they get closer and closer to Trump's inner circle and any potential personal criminal liability. Once other prosecutors' offices are involved and have gathered evidence of crimes, though, Trump receives less benefit from firing Mueller, and at an increasing cost. And even if Trump fires Mueller, more prosecutors can carry on the work, with access to some of the same material. Trump should not be able to fire Mueller under the DOJ's rules or under the Constitution, but Mueller and Rosenstein understand they need to have an emergency backup for a president who does not care about those rules.Second, Mueller's move also suggests that he trusts some prosecutors to cooperate, that he trusts Rosenstein to keep up his supervision, and that he at least has sufficient hope that Sessions will stay out of the way. Sessions' firing of FBI Deputy Director Andrew McCabe did not inspire confidence that he would recuse himself fully from the Russia investigation, but Mueller must have some assurances from Rosenstein that the investigation can proceed in the DOJ.
Posted by Orrin Judd at April 10, 2018 4:38 AM
