Judge denies Michael Cohen's restraining order over materials seized in raid, Stormy Daniels attends hearing

Judge denies Michael Cohen's restraining order over materials seized in raid, Stormy Daniels attends hearing
Judge denies Michael Cohen's restraining order over materials seized in raid, Stormy Daniels atte...

A federal judge rejected a request from President Donald Trump and his personal lawyer Michael Cohen for a temporary restraining order that would have kept federal prosecutors from reading files seized in raids last week.

Bring on the taint team!

Reminder: Nixon resigned only 15 days after the Supreme Court decided he had to turn over the unredacted Oval Office tapes.

So to be perfectly clear, this isn't over.

The restraining order was to stop the government from accessing the info immediately, which they aren't doing yet so the judge denied it.

She still has to rule on the injunction and could rule that a taint team isn't sufficient.

From what she's said today (she called the integrity of SDNY unimpeachable and professed her confidence in them) she is seemingly leaning towards leaving the taint team in place, but is considering a special master as well.

From what she said she may be considering adding a special master to function alongside the taint team in a limited role.

So this part of the shit show isn't over yet. Still waiting for a ruling on the injunction. The TRO was stupid and dead on arrival because it serves no purpose.

Eat shit, Cohen! And take your 3 "clients" with you!

Trump and Cohen lost big time today

Now we the public hope that those records contain some conspired crimes so ACP falls away and mueller can put them both in jail

Stop. My penis can only get so erect.

But in reality, I would much rather see Trump dragged out of the White House in irons than him resign, as delicious as watching him resign would be.

Any judge worth their weight would have done the same. The taint team is there for a reason.

I'm starting to think the effort is to get a special magistrate appointed.

Think about the rules. Taint team reviews and can 1) dismiss anything with minimal value that may be privileged OR 2) hash it out with the defense (which requires a special magistrate when they disagree OR 3) go ex parte (without Cohen and his attorneys present) to get a ruling straight from the judge.

A special magistrate would, by process, ensure Cohen's team knows EXACTLY what the DOJ wants to look into.

But Nixon was a lawyer who at his core had some respect for (and understood) the rule of law, despite his obvious flaws and corruption. Trump only understands the rule of Trump, and is essentially a old mob boss with dementia, likely being blackmailed by a foreign power. I wouldn't hold my breath for him to calmly assess the legal ramifications of his situation and go away peacefully into the night.

The most amazing part...

this quote right here.

There were audible gasps and one shout of “holy shit” when Hannity’s name was revealed on the courtroom. I ran outside. I’ve emailed Hannity and he has yet to respond.

Hoooly shit, indeed!

Yes. Trump et al.'s position boils down to "we don't trust the government."

"I don't trust the government" is not a valid legal cause in any courtroom anywhere in the world.

i believe the lawyer in court stating a fact under oath more than Hannity's attempt at damage control

Between genitals and rectum

Hilariously, Hannity probably fucked himself worse by saying this. No privilege = here comes a subpoena and everything with your name on it in Cohen’s office is fair game.

"clients"

"Michael never represented me in any matter," Hannity said of President Donald Trump's longtime personal lawyer. "I never retained him in the traditional sense. I never received an invoice from Michael. I never paid legal fees to Michael."

But Hannity added that he asked Cohen "brief" legal questions.

He's a coward, yes; but he's also a narcissist. In his mind, he's done nothing wrong. I firmly believe he'll stay in office until he is forcibly removed.

Remain Calm. All Is Well!

John Shindler

#NSA friends tell me they have Hannity in OPERATIONAL calls with known RIS agents. Team Mueller has it all. He is going down. SAD!

This is shit rag Fox News now:

Well, I don't know enough to debate that, but Trump's team is not budging from the position that they should have first crack at the info it seems.

They're still saying that nobody in the government should get access to whatever they determine is privileged.

They want to filter it themselves. Sounds like that might be kind of along the lines of what you're saying, having a special magistrate to make the final decision on that when they flag something to be considered privileged.

It sounds insane to me. The judge doesn't seem very inclined to accept that argument.

Especially not for the president.

Do I hear a rather corpulent female vocalist warming up in the background?

So you're saying they're between Don Jr. and Eric?

I was told there would be winning.

He’s a coward. He’ll quit.

does anyone know where the taint team is located?

🎹♬You had a bad day♬🎹

Seriously. The stupidity of these clowns knows no bounds.

Yep. And the judge also appears to be telling Cohen and Trump's lawyers to get a proposal together, quickly, that they can implement and that is reasonable.

Trump's lawyers, however, are continuing to argue that even a special master is not sufficient.

They are requesting that Trump be the person that gets first crack at this information and that he (and his legal team) alone get to decide what even the taint team or special master have access to.

Their argument is that the government shouldn't get access to privileged information at all, even through the well established process of a taint team.

That seems like a non starter to me. I'm not a lawyer but this judge is going to shut them the fuck down on that request, I believe.

Do you think so? I feel like he's just delusional enough to refuse to resign.

"I have faith in the Southern District prosecutors, that their integrity is unimpeachable," Wood said.

lol. (emphasis mine)

It’s not really anything. They’re just giving Cohen copies of what they seized. Given that most of what they took was from electronic devices that they copied and left with him, the only thing Cohen doesn’t have are hard copies of paper docs seized.

From what I've learned today (a lot!) it seems like the biggest problem a special master would cause is that it would slow things down, and the judge seems disinclined to let that happen. If I had to guess I'd predict that she'll put the taint team on first review and add the special master as a second layer to ensure the taint team is not overbroad in terms of what they let through. Though I have no reason to believe the special master would ultimately make different determinations than the taint team.

Why the frown face?

By all reports, there’s very little material subject to AC privilege. So they come back next week and say, “your honor, we’ve identified approximately 5% of material seized that might be subject to the privilege.” She says, “okay so a taint team will do!”

The only reason she’s even entertaining this Is because Cohen has pleaded that a substantial amount of material is privileged. Prosecutors have stated that’s not true. So yes, this is only round 1, but don’t think this has a chance of going anywhere.

I don't trust the Justice department that I've nominated all the heads of

“It’s not that you’re not good people,” Wood told Cohen’s attorneys on Monday afternoon, near the end of the two-hour proceeding. “It’s that you’ve miscited the law.”

"And also, you really aren't good people."

Well, I don't know enough to debate that

In fairness, neither do I. It just stands out to me.

I really hope the judge does the right thing, whatever that may be. Having anything thrown out over technicalities would be incredibly frustrating.

That said, I have a lot of faith in the DOJ to make sure all of their Is are dotted and Ts are crossed.

Womp womp

I'd imagine the frown face is because he/she, like many of us, is developing an ulcer over the prospect of Cohen (and Trump) weaseling out of ANY of this. Your reassurance is definitely appreciated.

From what happened in court today with the refusal at first to release Hannitys name, and the Judge not even bothering to discuss it and just ordering them to release the name, she is not someone who is going to allow trump and co to slow down the process by even 1 hour.

At this stage in trumps criminal career judges are very aware of all of the tactics trump likes to use and will prevent him from doing so , and it seems they will not get there way this time.

A legal analyst on MSNBC was stating that this could be tactic to get a special master involved to, maybe, tip Cohen & Co on what they have or at the very least they're looking for.

IANAL and this is definitely outside what little legal knowledge I know. By the time this shit is over with, everyone is going to have a least a HS diploma in law.

He should have consulted with another elite Cooley grad before blurting out all this bullshit.

Remember this?

TRUMP: I then spoke to Sean Hannity, which everybody refuses to call Sean Hannity. I had numerous conversations with Sean Hannity at Fox. And Sean Hannity said — and he called me the other day — and I spoke to him about it — he said you were totally against the war, because he was for the war.

Source

The American people win.

He's a coward, yes. He's a narcissist, also yes.

But above all of that, he's a monumental IDIOT, so he will go in whichever way causes the most amount of damage to himself, his family, his party, and the office he holds.

As to which way that will be... all bets are off.

Corpulent = fat. The fat lady about to sing y'all.

Learned a new word today. Thanks!

The Judge did say the government has to share with Cohen's legal team what documents they seized. Is that a bad thing, or not really a big deal?

I thought it would be this gif

Begin the countdown. Only 1.5 Mooch until we have president Pence.... And I just threw up in my mouth a little.

Oh he’s gonna be spiteful as hell on his way out and blame it all on anyone else, foment more hate and distrust of the media and DEEP STATE. He may even try to flee to his vladypoo.

Hannity and Trump are about to turn up the bullshitometer to 11.

“I never paid legal fees to Michael,” Hannity said. “Michael never represented me in any matter.” He later added: I “may have” handed Cohen “ten bucks” and asked for attorney-client privilege.

Yea, that awfully specific "possible" interaction straight out of Better Call Saul puts the lie to your words.

Here's what I don't get. He should have had time to prepare for this eventuality. It was certainly a strong possibility from the beginning it was going to be revealed. He should have had a strategy in place, even if he thought the possibility was low.

... unless he honestly didn't think Cohen was his lawyer. Or that there would be documents making it seem that way.

Go on...!

Shade status: thrown.

She's the foreskin, cut off and left to dry.

Too bad, so sad.

But Stormy is smiling.

Husband just handed me the tidbit that she's also the judge that presided over the indictments of the 19 Russians.

Waiting for screams/tweets that she should recuse herself (even though there was no collusion between Cohen and those Russians!) in three, two...

That would be absolutely horrible. The FBI has a reputation to keep now more than ever. If all they got gets out then any case they might have had goes down the drain.

Ultimately it's a relatively fair ruling.

Cohen's lawyers get copies of the documents to confer with their clients and assert where the clients and Cohen are going to claim privilege.

The "tainted team" from the FBI will review the documents and produce their own assesssment of documents that are privileged and which aren't.

The goal is to determine which documents go to the "clean team" prosecutor.

For any documents where the sides disagree (probably a lot) Then the judge, or more likely, a special master appointed by the judge, will review all the documents with the annotations and arguments provided by both sides, determine where privilege exists and where it doesn't, what's relevant to the investigation, and which documents will be provided to the "clean team" prosecutor.

Speaking as a former prosecutor, that type of procedure is extremely difficult to argue with. It's pretty difficult to argue that Cohen's lawyers shouldn't be able to see their client's own documents. The best argument is that it's cumbersome and time consuming. But likewise for Trump and Cohen, if the FBI has already gotten a judge to agree probable cause exists to believe there was evidence of a Crime in Cohen's documents, Cohen and Trump's lawyers have a weak to non-existent case that they should be the gatekeepers of which documents the feds can look at unless a judge says otherwise. (even with the protection of a clean team and a tainted team)

She specifically said, "In terms of perception of fairness – not fairness itself – a special master might have a role here."

So she not only understands that the SDNY can be trusted to do this. She also understands that appearances matter.

Of course, to the true defenders of the President, it doesn't matter how independent and unimpeachable the special master is, because they will make shit up anyway (see Mueller, Robert S, III).

This is the comment I was looking for - specifically stating "copies." I was sitting here going "WHAT THE HELL, THEY AREN'T GOING TO GIVE YOU THE BAD STUFF BACK!!"

How about Obama? He's a lawyer...

And thus goes the story about how the porn star brought the downfall of the President of the United States.

Kids are going to learn about this in history books.

Hannity, like Cohen and Trump and Manafort and a bunch of these other skinjobs, are sloppy. Because they've never really had to be anything else. They were either not important enough to merit scrutiny, or were able to pay off or intimidate the people who did get anywhere close to their dirty little secrets.

But now that some of them have been thrust into the positions they're in, they have nowhere to hide. Their old tricks don't work anymore, and the defenses they used to use aren't in place, or have deteriorated.

A little confused here - I guess this is all happening right now so it's no wonder, but I understand that Cohen's attorneys have won the right to review the documents....my question, if anyone knows, who is in possesion of said documents/material? will copies be made? and pray tell, if copies are not made, that the material will not go back to Cohen's lawyer?

Just in :(

Looks like they'll be reviewing it together if I understand.

Judge orders government to turn over evidence to Cohen's legal team From CNN’s Shimon Prokupecz and Kara Scannell

A federal judge said the government has to turn over seized material from last Monday’s raid to Michael Cohen’s attorneys, so they can tell the judge how much of it might be subject to attorney-client privilege.

Cohen’s lawyer can then share subsets of the material to Trump and the Trump Organization, Judge Kimba Wood said.

Wood did not rule on how to proceed, but indicated she would after the government and Cohen come back with an estimate of the volume of material that would have to be reviewed by a “taint team” or special master.

The judge asked both sides to provide four names each as potential special masters, but made clear she has not decided that will be her final decision.

Cohen declined to comment while leaving the court room.

It comes as Cohen revealed he has had three clients in the past 18 months — Donald Trump, former Republican National Committee deputy finance chair Elliott Broidy, and Sean Hannity, the Fox News host.

Lol! True since it’s from the DoJ.

It’s one degree of separation from that sovereign citizen bull shit.

http://observer.com/author/john-r-schindler/

http://www.businessinsider.com/author/john-schindler

http://blackbag.gawker.com/the-crazy-emails-that-took-down-nsa-spook-john-schindle-1610203101

https://www.theatlantic.com/politics/archive/2013/12/how-surveillance-state-insiders-try-to-discr...

I would revisit this in a while and see how it pans out. I'm on the fence, Schindler is an insider but also a gigantic douchebag. Could be right, could be wrong.

Wait wait wait...what? Who is this guy? Is this credible?

On friday wasn't the story that Cohen's 3rd client (Hannity) asked that he not be disclosed in court? How could Hannity know to ask he not be disclosed if he wasn't a client of Cohen?

Trump/Cohen’s lawyers are getting copies of the documents seized in the raid, not the originals (aka discovery).

"I might have given him ten bucks or something like that"

I feel like if there is a special master the court should decide who it is and not take suggestions from Trump or Cohen's lawyers in that matter.

Idk if that's a thing but it seems fair.

Louise Mensch. Louise Fletcher is a fine actress who won an Academy Award as Nurse Ratched in One Flew Over the Cuckoo's Nest.

No, between Jr. & ImEric! nestled in a sack, and that asshole Ivanka.

I have the feeling the judge is going to be PISSED when she finds out that Cohen's lawyers misrepresented Hannity as a client. As a layman Hannity can plausibly claim that he doesn't understand the precise relationship, but Cohen's lawyers are going to have to get up there and acknowledge that they lied right to her face in their assertion.

That's why he came back from break and said "maybe I threw him ten bucks"

Idiots.

Judge denied a Temporary Restraining Order, but has yet to rule on Preliminary Injunction. The Preliminary Injunction would make the Feds use a "Special Master" in their review of potentially privileged information - the Judge wants both sides to suggest people to be the Special Master, then she'll rule whether one is even necessary and if so, who it is.

Renato Mariotti is always really good at explaining this kind of stuff.

It's good things aren't going trumps way but we're all losing. It's like trying to win an earthquake.

Didn't the judge also say it was "premature"? I don't think this is a win just yet

I do that all the time with lawyers I have no intention of working with

Makes me feel there might have been more collusion involving Hannity than otherwise let on. Maybe he was the ringleader in all this.

Yes, ABC and NBC reported. Don’t know what CNN is on.

I don't see it as being any different from regular discovery.

This true? CNN just reported the opposite.

Except then it becomes harder to hammer home that the documents are irrefutable real. There are some excellent foreign news organizations, but don’t discount GOP and this administration’s ability to bend the narrative in their favor, especially when they can claim that other countries are out to get us and only real American journalists from FOX could shed light on what was true.

More like NYSDC. Mueller is concentrating on Russia and Obstruction. I believe he has hands more than full concentrating on writing the several thousand page report coming out next month or so (Obstruction). The collusion investigation has a much bigger net, more witnesses, and many more defendants TBA. We will probably see this continuing through 2022.

What needs to happen is for someone to leak everything to a foreign media source that the US has absolutely no power over and for them to spread everything from emails and texts to sound recordings and even videos if available.

Remember Trump called for 30 000 emails that were privileged and he is still going on about them not being made available, so using his reasoning all of his should be made available even those from his criminal lawyer.

He's a coward. He won't quit. He'll never admit he was wrong and would never give up power (= safety) willingly. Nixon quit because Congress wasn't a bunch of treasonous lapdogs back then.

Stormy Daniels and the Taint Team

They think in PR only... They have no cares/respect for the law so it doesn't even pop into their head. PR is King.

That's why when team Trump were first told of the Russian influence their first reaction, as the incoming administration, was not to try to protect America.. no... it was how they could spin the PR in their favor

Source: excerpt from Comey's book

Ahem-not porn star, professional hugger. It is for kids after all.

I'm rooting for exile in Russia. So many MAGA hats exploding at once!

I love the fact that POTUS is getting legally fucked by a pornstar.

I'm not sure I'd give it that much grace. Anyone that thinks a "deep state" exists is a conspiracy theorist.

Sooo much winning! It's exhausting!

Nobody cares if he gets to see the documents or review them, Cohen already had possession of them. Cohen wanted to review the documents and restrict what the investigators were allowed to see, and that is not happening.

Cohen sent a letter to the judge saying that his third client did not want to be revealed because it would be embarrassing. So Hannity specifically asked Cohen to keep their relationship a secret. Of course he would deny it now.

They get to see the documents, but they don't get to be the only ones who do. Investigators have to share what they found, and the matter is going to be picked up again down the line.