The Legal Implications of Michael Cohen’s Tell-All Book on Trump
Michael Cohen's recent revelations about Donald Trump in his tell-all book have raised serious legal questions.
The Attorney-Client Privilege and Its Limits
The release of Cohen’s book presents a quagmire for Trump. On one hand, if Cohen is telling the truth, Trump could argue that it violates attorney-client confidentiality, unless it falls within an exception such as committing or planning a criminal act. If Cohen is lying, there is no confidentiality to protect this information.
When Attorney-Client Privilege Does Not Apply
Attorney-client privilege typically does not apply if a client, such as Trump, initiates a communication with a lawyer for the purpose of committing a crime or an act of fraud. In such cases, both the client and the lawyer are considered equally culpable. Cohen, therefore, can freely write and reveal information about Trump without violating any confidentiality.
According to Jim Condit, who is not a lawyer but has extensive experience in the legal field, this principle is well-established. Cohen was not just a lawyer; much of his work involved gathering intelligence and performing illegal activities for Trump. In legal practice, such activities breach attorney-client privilege.
Donald Trump's Legal Position
Trump has consistently claimed that Cohen was not performing legal work for him but was merely addressing friendly questions about real estate. However, this claim is contradicted by several pieces of evidence. For instance, it has been widely reported that Trump initiated communications with Cohen specifically to circumvent legal and financial regulations, aiming to commit financial fraud or other illegal acts.
Revocation of Cohen's Legal Licenses
To add further weight to Cohen's ability to disclose information, it is worth noting that Cohen has been bisbarred, meaning his licenses to practice law have been revoked. This means that any claim of legal protection, such as attorney-client privilege, is invalid.
The Supreme Court's Ruling
The Supreme Court has effectively debunked any claims that Trump can assert legal privileges over his actions and communications. For example, Trump’s assertion that a casual interaction with a parking meter must stay confidential is a non-starter. The Court's stance supports the idea that legal privilege applies only to legitimate, professional legal services and does not extend to criminal or fraudulent activities.
The Way Forward for Trump
The most feasible course of action for Trump to take would be to bring the matter before a court. As the only party with standing in such a matter, Trump could compel Cohen to testify under oath. While a court would likely uphold the Supreme Court's precedents, the spectacle of such a showdown would likely have a significant impact. For those who believe in a just God, the prospect of a 400-pound grease fire in a courtroom would be fitting.
Conclusion
In summary, Cohen's revelations are protected from legal retribution due to the legal framework surrounding attorney-client privilege and the specifics of his work for Trump. The only recourse for Trump would be to bring the matter to a legal forum, but even then, the weight of the legal precedent and the public spectacle would work against him.
Disclaimer: The information in this article is for educational purposes and should not be taken as legal advice. For specific legal matters, consult with a licensed attorney.