No Excuses

The Michael Cohen/Trump SDNY Investigation Thread

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On 6/23/2018 at 9:57 AM, SoulSkin said:

Arnold walked back that tweet about him and Cohen taking Trump down as a joke pretty quickly yesterday. If he's up there hanging out with and interviewing Cohen, then tweeting out stuff about it, is that OK from a legal perspective? Seems weird to me. Maybe that was addressed in his interviews, which I didn't see any of.

 

Tom Arnold, as far as I know, is not a lawyer and therefore those conversations are not subject to Attorney-Client privilege.  So, if by "OK from a legal perspective" you mean, can Tom legally spill the beans?  Yes.  

 

If by "OK from a legal perspective" you mean, is that smart given Cohen's precarious legal situation?  No.  Hard no.  

 

i'll just note the two things that stick out to me, one of which supports the theory that Cohen is flipping and one that doesn't.  Here goes:

 

Supports:  He is leaving his joint defense agreement with Trump's team.  This means that those two "teams" are no longer cooperating, which seems to indicate that they may soon become adverse.  

 

Doesn't support:  If Cohen was flipping, he'd just go to Team Mueller and do it.  Why is this being played out in advance in the media?

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Probably was a call for help from Trump.  Seems to have gone unheeded.

 

That or he pulled a Sam Nunberg and is just sort of freaking out and people are catching it as it happens.

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26 minutes ago, PleaseBlitz said:

Tom Arnold, as far as I know, is not a lawyer and therefore those conversations are not subject to Attorney-Client privilege.

What about Tom Arnold, the "reporter"?  Could he claim something like that and refuse to give up info from his "source"?  That is one area where I'm not clear on the limits of the 1st.

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4 minutes ago, TheGreatBuzz said:

What about Tom Arnold, the "reporter"?  Could he claim something like that and refuse to give up info from his "source"?  That is one area where I'm not clear on the limits of the 1st.

 

He can claim whatever he wants to claim.  Would that be a true claim?  Is Tom Arnold a reporter now?  Who employs him as a reporter?  I guess, now that I think about it, he can claim to be a lawyer too.  I think he'll get laughed at, but he's claimed to be a comedian in the past as well.  

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2 minutes ago, PleaseBlitz said:

 

He can claim whatever he wants to claim.  Would that be a true claim?  Is Tom Arnold a reporter now?  Who employs him as a reporter?  I guess, now that I think about it, he can claim to be a lawyer too.  I think he'll get laughed at, but he's claimed to be a comedian in the past as well.  

I'm honestly asking.  To be a lawyer, there are licenses and stuff correct?  I don't think there is to be a reporter.  I feel like I remember hearing that becoming an issue with all these "bloggers" and stuff.

 

And it isnt about what is true, its about how convincing you can argue.  Just ask any lawyer (except Tom Arnold, Esq.)

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Reporters claim anonymity for sources. Since we know he's talked to Cohen, there's no need to claim anonymity.

 

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9 minutes ago, TheGreatBuzz said:

I'm honestly asking.  To be a lawyer, there are licenses and stuff correct?  I don't think there is to be a reporter.  I feel like I remember hearing that becoming an issue with all these "bloggers" and stuff.

 

And it isnt about what is true, its about how convincing you can argue.  Just ask any lawyer (except Tom Arnold, Esq.)

 

I actually think this is an interesting question, so I looked (for 5 minutes).

 

It's not clear that any reporter's privilege actually exists legally, although most federal circuit courts have all held that a qualified reporter's privilege exist in common law.  The DoJ insists one does not exist, but has published some guidelines that it promises to abide by.  https://www.law.cornell.edu/cfr/text/28/50.10

 

So lets say there is one anyways.  I'm not researching case law to find out what "reporter" means, but back in 2005, Congress tried (and failed) to pass a statutory reporter's privilege (and, no ****, Mike Pence was the sponsor) and that bill defined a reporter as:

 

Quote

(1) The term “covered person” means—

(A) an entity that disseminates information by print, broadcast, cable, satellite, mechanical, photographic, electronic, or other means and that—

(i) publishes a newspaper, book, magazine, or other periodical;

(ii) operates a radio or television broadcast station (or network of such stations), cable system, or satellite carrier, or a channel or programming service for any such station, network, system, or carrier; or

(iii) operates a news agency or wire service;

(B) a parent, subsidiary, or affiliate of such an entity; or

(C) an employee, contractor, or other person who gathers, edits, photographs, records, prepares, or disseminates news or information for such an entity.

 

https://www.congress.gov/bill/109th-congress/house-bill/581/text

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1 hour ago, PleaseBlitz said:

If by "OK from a legal perspective" you mean, is that smart given Cohen's precarious legal situation?  No.  Hard no.  

 

i'll just note the two things that stick out to me, one of which supports the theory that Cohen is flipping and one that doesn't.  Here goes:

 

Supports:  He is leaving his joint defense agreement with Trump's team.  This means that those two "teams" are no longer cooperating, which seems to indicate that they may soon become adverse.  

 

Doesn't support:  If Cohen was flipping, he'd just go to Team Mueller and do it.  Why is this being played out in advance in the media?

 

That's what I meant...It seemed like a dumb stunt for Arnold to tweet out the whole "teaming up to take down Trump stuff", and was wondering if it could actually hurt Cohen in his legal matters, or credibility of any testimony he may give. I find the whole public accounting of Cohen's 'flipping' suspicious too. It feels like a publicity campaign for both of them, in different ways.  FWIW, Arnold said part of what he wants to do is just keep pressure on Trump, and I do think he cares about it. I just think he also really wants to drum up interest in his show. I saw this from Politico Mag a couple of days ago, about him. 

 

https://www.politico.com/magazine/story/2018/07/03/tom-arnolds-bonkers-strategy-for-nailing-trump-218944

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2 hours ago, PleaseBlitz said:

 

Doesn't support:  If Cohen was flipping, he'd just go to Team Mueller and do it.  Why is this being played out in advance in the media?

He hasn’t been charged yet.

 

Also it’s not Mueller. It’s Southern District of New York City.

 

Not disagreeing with your post tho. Low key feel he begging for a Pardon.

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9 hours ago, PleaseBlitz said:

 

He can claim whatever he wants to claim.  Would that be a true claim?  Is Tom Arnold a reporter now?  Who employs him as a reporter?  I guess, now that I think about it, he can claim to be a lawyer too.  I think he'll get laughed at, but he's claimed to be a comedian in the past as well.  

 

Hey, I think he deserved a Best Supporting nomination for True lies.  

 

2 hours ago, Sacks 'n' Stuff said:

So what would Tom Arnold bring to the table for this "team"?

 

Trump has been known to hand out pardons to people who have Hollywood celebrities pitch for one.  

 

Maybe Tom Arnold was as close as Cohen could get to one.  

 

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1 hour ago, Momma There Goes That Man said:

Arnold seems pretty Anti-trump though. Why would he help Cohen get a pardon 

 

They are lovers?

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Posted (edited)

Tom Arnold is chasing down the buried Apprentice tapes. Ones that Cohen may or may not have had a hand in burying. I'd suspect that his meeting was try to get more information on the tapes.

Edited by The Evil Genius

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16 hours ago, BenningRoadSkin said:

He hasn’t been charged yet.

 

Also it’s not Mueller. It’s Southern District of New York City.

 

Not disagreeing with your post tho. Low key feel he begging for a Pardon.

 

I know what you are saying.  My thinking is that SDNY and Mueller are working very closely together, and Cohen's testimony is MUCH more valuable to Mueller than to SDNY.  So if he goes to Mueller, I'm 99.99% certain Mueller could tell SDNY to back off, and they would.  

 

What is questionable is why Cohen is going to the press and not Mueller.  It makes no sense from a tactical or strategic legal standpoint.  

 

And with respect to the pardon issue, that gets pretty complex.  Cohen would stay out of jail, but he'd also not be able to plead the 5th to not incriminate himself (and by extension, Trump).  I'm not really sure how that would play out.  

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