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Trump and Cohen Call: Rudy Says Trump Waives Privilege

There are several media articles the past few days about Michael Cohen having taped Donald Trump two months before the election when they were discussing a $150,000 payment to American Media (owner of the Enquirer) that would then go to Karen MacDougal for telling her story about having an affair with Trump. Unbeknownst to Macdougal, American Media had agreed not to publish it.

Ms. McDougal says she began a nearly yearlong affair with Mr. Trump in 2006, shortly after Mr. Trump’s wife, Melania, gave birth to their son Barron. Ms. McDougal sold her story for $150,000 to The National Enquirer, which was supportive of Mr. Trump, during the final months of the presidential campaign. But the tabloid sat on the story, which kept it from becoming public. The practice, known as “catch and kill,” effectively silenced Ms. McDougal for the remainder of the campaign.Because she'd be signing a non-disclosure agreement, she couldn't tell or sell her story elsewhere if American Media didn't publish it.

New York is a state that allows taping provided one participant to the conversation agrees. But Cohen is a lawyer, talking to Trump, his purported "client". Is there a privilege or ethics rule that comes into play here? [More...]

Maybe. Maybe not. With respect to the attorney client privilege: It may not apply to communications a client has with a lawyer who is acting, not as legal counsel, but as "business advisor, tactician, mediator, or sounding board." (Also, the privilege likely does not apply to conversations between the lawyer and
lawyer-members of a client’s staff.)

But it really doesn't matter, because according to Rudy Giuliani, Trump has waived the privilege. Is this tantamount to to an admission Trump leaked the story in the first place? I wouldn't be surprised. Either he's trying to deflect attention from his abysmal performance in Helsinki, or he's trying to get ahead of something that is about to break.

Trump has always been his own worst enemy. He still hasn't learned to shut his mouth. Even though by now, no one believes a word he says or tweets. As for Rudy, watching what little credibility he has hung on to the past 20 years erode even further, is nothing but a delight. His legacy will be that of a man who lost his marbles and in a desperate attempt to stay relevant, picked the wrong horse to ride.

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  • Display: Sort:
    picked the wrong horse to ride (5.00 / 1) (#1)
    by jmacWA on Sun Jul 22, 2018 at 05:22:17 AM EST
    May they ride off into the sunset together... SOON

    Trump leaking it would account (5.00 / 1) (#2)
    by Militarytracy on Sun Jul 22, 2018 at 08:52:39 AM EST
    For Maggie Haberman's tweet that there appeared to be only one tape. Which was then immediately refuted by many other journalists on Twitter.

    ENOUGH! (5.00 / 2) (#3)
    by Militarytracy on Sun Jul 22, 2018 at 08:18:01 PM EST
    McBain and linea reply at such opportune strategic times, I call into question their US sovereignty.

    I'm sorry (2.00 / 1) (#4)
    by linea on Mon Jul 23, 2018 at 03:25:29 AM EST
    I don't feel I'm being understood. I'm going to try something different. I know I'm too snarky and too defencive when I feel people are belittling me. In the future I will be less snarky and I will try to be less defencive.

    I feel that I have failed to point out the many progressive issues that I embrace and I also feel that when I'm trying to make a point I fail to preamble the post correctly so that I'm properly understood.

    I feel I'm too contrarian sometimes and need to allow people to vent (including hyperbole) on many issues. I'm not being fair on that. It's reasonable to be upset and sometimes hyperbole is the only way for one to properly express one's feelings. So I will be less nit-picky because it isn't fair of me.

    But I would also like if people were nicer to me. Sometimes I spend hours on well-researched posts and feel very frustrated and upset when my main points are ignored and I feel minor parts of what I wrote are misconstrued and unfairly criticized. People don't understand how much work I put into some of my posts.

    Still, I'll try to do better and be more polite. I admit I'm not knowledgeable on many issues and I don't mention in posts when I'm not particularly informed on a topic and I will try to change that.

    Yes, I am an American. I live in Seattle and I'm a US citizen. I'm well-educated and I feel I have an interesting perspective on a few issues and I feel I can contribute positively to this forum.

    Parent

    Ah (5.00 / 5) (#5)
    by CaptHowdy on Mon Jul 23, 2018 at 07:07:02 AM EST
    The quarterly whine fest and self promotion.  Right on schedule.

    Speaking only for myself its really simple.  Stop acting like a troll and you won't be treated like one.

    Stop with the stupid drive bys and the ignorant interjections for the sole purpose of starting an argument and you won't be "belittled"

    And it would not be a bad idea to stop hijacking every thread on any topic to be your personal platform

    Jeralyn should probably delete this whole subhead.

    Parent

    My recommendation is not to change much (3.50 / 2) (#7)
    by McBain on Mon Jul 23, 2018 at 01:46:55 PM EST
    but perhaps don't respond to every single stupid criticism or insult that gets thrown your way.  Let the haters show their true colors.  

    But I would also like if people were nicer to me. Sometimes I spend hours on well-researched posts and feel very frustrated and upset when my main points are ignored and I feel minor parts of what I wrote are misconstrued and unfairly criticized.

    This is blog/message board.  People get to hide behind their computer screens after taking shots at people who's opinions scare them.  They aren't going to change.

    I'm well-educated and I feel I have an interesting perspective on a few issues and I feel I can contribute positively to this forum.

    I agree.  Your input is one of the reasons I'm still here. Lots of people have dropped off over the past few years, most likely, due to intolerance of opinions.  

    Parent

    There is no entitlement (5.00 / 2) (#9)
    by MKS on Mon Jul 23, 2018 at 01:52:33 PM EST
    that your views be accepted or praised or be exempt from criticism.

    Parent
    speaking for myself only (5.00 / 2) (#10)
    by Chuck0 on Mon Jul 23, 2018 at 02:03:13 PM EST
    I've never been scared by an opinion posted here, ever! Flummoxed, flabbergasted and even appalled, never scared.

    Parent
    This is not TalkRight (none / 0) (#8)
    by MKS on Mon Jul 23, 2018 at 01:50:31 PM EST
    or TalkCentrist or TalkLibertarian.

    So, no surprise that "other" views will be criticized.

    And, I believe some commentators have not just lost interest.....

    Parent

    It's become TalkTrump (2.00 / 1) (#11)
    by McBain on Mon Jul 23, 2018 at 02:23:28 PM EST
    and that's a shame.

    So, no surprise that "other" views will be criticized.

    Criticism is fine as long as it isn't petty or filled with personal insults.  Not sure why that is so difficult for some to avoid.  

    Parent
    So, you disapprove (5.00 / 4) (#15)
    by MKS on Mon Jul 23, 2018 at 03:21:28 PM EST
    the topic of this diary?   Take it up with J.

    We hear plenty (too much imo) from you--usually about the latest white guy in power whom you say has been precipitously accused.  Why you do not take up the cause of the poor or minority accused is a glaring question.

    And, your, gee, I don't "understand the rules" shtick regarding the use of the "N" word is laughable.

    Parent

    I'd prefer different topics (none / 0) (#19)
    by McBain on Mon Jul 23, 2018 at 04:20:21 PM EST
    Jeralyn knows that.  Right now she feels the interesting legal issues are with Trump/politics so I'm out of luck.

    Why you do not take up the cause of the poor or minority accused is a glaring question.

    I have many times.  What's interesting is why you don't remember those. If you'd like a recap, I'll be  happy to give you one in the next open thread.

    As for the topic of Cohen and Trump, I don't really care about the payments.  If there's something important on one of the recordings it might be interesting but the whole thing seems a bit excessive.  

    The topic of audio recording someone without their knowledge is interesting.  I had to look up what my state's, CA, law is..... it's a two party consent state. Did you know yours?

    Parent

    Do I know mine? (5.00 / 2) (#21)
    by MKS on Mon Jul 23, 2018 at 08:06:47 PM EST
    Uh, yes, I do.   I live in  California.  

    Don't like one party consent jurisdictions?  Take it up with Linda Tripp.

    Parent

    McBain: "As for the topic of Cohen and Trump, I don't really care about the payments."

    Salacious gossip tends to bore me after a few minutes' discussion. How the man conducts his private life is really none of my business, and since his moralizing Christianista base has clearly given him a mulligan on the subject, I'm inclined to just note their hypocrisy and not continue harping on it.

    However, if payments were made by Trump's surrogates to various parties, e.g., Stephanie Clifford and Karen McDougal, with the intent to purchase those parties' silence or otherwise shut them up in the midst of Trump's presidential campaign, such expenditures are considered in-kind contributions to Trump's campaign under federal campaign law. Any conscious failure to report those payments as such is considered a violation of that law and subject to prosecution.

    I really don't care who Trump's banging. That discussion ought to be entirely between him and his current wife -- and for that matter, his two former wives -- and really shouldn't concern us.

    But I do care if he knowingly and willfully violated federal law, even if it was in a ham-handed effort to cover up the potential scandal during an election campaign. I take a very dim view of politicians who believe themselves to be the exception to the rule of law.

    Aloha.

    Parent

    TalkTrump.. (5.00 / 3) (#17)
    by jondee on Mon Jul 23, 2018 at 03:53:23 PM EST
    where have you been, McBain? I don't see that the sites "become" anything that it  wasn't before.

    When I first discovered this site, it could've been call TalkBush or TalkNeocon. I'm guessing you wouldn't have liked it then either.

    Parent

    The guy is President of the United States (5.00 / 3) (#18)
    by jondee on Mon Jul 23, 2018 at 04:17:31 PM EST
    fer crissakes. What am I missing here?

    Trump and his administration are in a position to perform actions that directly and drastically effect the lives of every citizen in this country, but it's somehow morbid and unhealthy to talk about it?

    Sorry the site isn't called Talk-unpc-slobs-I-wanna-have-a-beer-with. Though, if you look around, they're out there.

    Parent

    I really write very little about (none / 0) (#35)
    by Jeralyn on Tue Jul 31, 2018 at 02:44:16 PM EST
    Trump, and mostly when it involves a criminal investigation or immigration or drugs. Or his kids when they are put in adviser positions.

    I am so disinterested in him I go days now without blogging because the news focuses on him.

    El Chapo's trial is now continued to november, so there's no public interest in that now.

    TL is not changing its focus. It's the rights of those accused of crime and elections.

    Don't give up yet!

    Parent

    Thank you McBain (none / 0) (#34)
    by linea on Thu Jul 26, 2018 at 10:32:33 PM EST
     {{ thank you }}. I'm going to try and be less defencive, contrarian, and nit-picky and allow people to express hyperbole without challenge as I understand they are frustrated. And there is reason to feel frustrated. I will also take your advice and try not to not respond to the constant criticism and frequent insults.

    To the hater-8ers, I'm as American as anyone on this forum. Whatever people imagine about me or whatever people think they have doxed about me.

    Parent

    One other thing (none / 0) (#6)
    by CaptHowdy on Mon Jul 23, 2018 at 09:35:07 AM EST
    You don't "post" here.

    And neither do I

    You comment here

    Parent

    McBain this is a political crime (5.00 / 2) (#12)
    by fishcamp on Mon Jul 23, 2018 at 02:43:28 PM EST
    blog.  You seem to like to use it as a gossip column.  Please stop.

    In his defense (5.00 / 2) (#16)
    by vicndabx on Mon Jul 23, 2018 at 03:44:47 PM EST
    this thread is about privilege.

    Parent
    This particular thread is about Trump and Cohen (none / 0) (#13)
    by McBain on Mon Jul 23, 2018 at 02:54:28 PM EST
    so your criticism is somewhat valid.  However, the previous open thread is full.  Open threads usually say "all topics welcome" not "political crime only".  

    As long as people don't respond to my comments here, I'll wait for the next open thread.

    Parent

    You're just (none / 0) (#23)
    by CaptHowdy on Mon Jul 23, 2018 at 09:32:32 PM EST
    Scared of him and his radical scary ideas😀

    Parent
    I sure hope Trump wasn't mean (5.00 / 5) (#14)
    by CST on Mon Jul 23, 2018 at 02:58:47 PM EST
    to Cohen in the audio.  I'm sure he'd never personally insult anyone.

    Since we all know civility is of the upmost importance.

    Family photos (5.00 / 1) (#24)
    by KeysDan on Tue Jul 24, 2018 at 12:29:12 PM EST
    of Trump, Melania, Ivanka, and Karen McDougal.  Nice for display on the grand piano..wife, daughter, mistress.  A lot going on in these photos..a lot of creepy.

    On the civility front, Attorney General Jeff Sessions, while speaker at a conservative high school student conference, joined in with students, laughing and chanting "lock her up"   Not 2016, and Sessions is the AG...nice teaching moment seized upon.

    Honestly (5.00 / 1) (#25)
    by CaptHowdy on Tue Jul 24, 2018 at 12:35:49 PM EST
    I get the feeling Sessions, Coats, Pompeo are like ......

    Ok

    Just wait......

    Wait a bit longer........


    Parent

    ... since the odious John Mitchell held the post 47 years ago. One can only hope that Karma will eventually exact its due from such a toxic creature.

    Parent
    Are you forgetting (5.00 / 2) (#28)
    by Peter G on Tue Jul 24, 2018 at 08:39:56 PM EST
    Alberto Gonzales? Have you carefully considered Ed Meese? I am not confident to say who is "worst" since Mitchell. There is certainly some real competition.

    Parent
    No, I didn't forget them (none / 0) (#29)
    by Donald from Hawaii on Tue Jul 24, 2018 at 09:55:36 PM EST
    But remember, John Mitchell was ultimately convicted of multiple felonies for his part in the Watergate cover-up, and he was sentenced to federal prison. Alberto Gonzales and Ed Meese were never indicted for anything. (Although I'm sure you in particular probably could've made a good case to do so.)

    Now granted, the crimes for which Michell was convicted took place after he resigned as AG to head up President Nixon's re-election campaign. But as AG, he slowed DOJ's effort to enforce civil rights laws as part of Nixon's "Southern Strategy." He was a stunch advocate of "no-knock" warrants, wiretappeing, and pre-emptive detention.

    And for the coup de grace, while serving as Nixon's campaign manager in 1968, the evidence strongly suggests that Mitchell also played an integral role in the campaign's effort to sabotage the Paris peace talks with North Vietnam.

    So, yeah, Gonzales and Meese were sketchy bad to deplorable. But John Mitchell was amorally bad-a$$ and criminally awful. Just my opinion, but I consider those other two guys to be mere amateurs compared to him.

    Aloha. ;-D

    Parent

    No quarrel on all that you say (5.00 / 1) (#30)
    by Peter G on Tue Jul 24, 2018 at 10:22:41 PM EST
    but that wasn't the assertion I was questioning. You suggested that J. Beauregard Sessions was "the worst since Mitchell." I offered some competition. Not competition with Mitchell, but competitors for Sessions.

    Parent
    Hey, if you're making lists (none / 0) (#31)
    by Repack Rider on Wed Jul 25, 2018 at 11:21:28 AM EST
    ...of terrible AGs, don't leave out Ed Meese.

    Parent
    I didn't (5.00 / 1) (#32)
    by Peter G on Wed Jul 25, 2018 at 05:16:42 PM EST
    Honestly (5.00 / 2) (#33)
    by CST on Thu Jul 26, 2018 at 11:22:20 AM EST
    None of this will matter unless an abortion tape comes out.

    Which wouldn't surprise me in the slightest, although he does have 5 kids with 3 different women, so maybe not.

    Manafort trial (none / 0) (#20)
    by Peter G on Mon Jul 23, 2018 at 07:24:31 PM EST
    postponed six days from scheduled date of this Wednesday (to begin instead next Tuesday). More time granted for defense counsel to review material seized from Rick Gates.

    Judge Jones, the special master, (none / 0) (#22)
    by Peter G on Mon Jul 23, 2018 at 08:11:17 PM EST
    has reported to Judge Wood that she turned over twelve recordings of phone calls seized from Cohen to prosecutors, after claims of privilege were waived or withdrawn.