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Can you imagine what he says when he thinks he’s speaking in private? The biggest problem for Trump isn’t that the FBI raided his attorney’s office, it’s that the FBI might find exactly what they are looking for. But Cohen’s clownishness cuts both ways. As many Trump people are learning for the first time, you can pierce the veil on attorney-client privilege in cases of crime or fraud. BUT the intention to commit a crime rests with the client, not the attorney. And if we’re going to get a look at attorney work-product, it has to be shown that the work-product was in fact used in furtherance of the alleged crime. What that means is that Trump could have said, “What are we going to do about this here porn star,” and Cohen could have said, “I’ll handle it, boss.” And that conversation could not be used against Trump, because it would not pierce the veil of attorney-client privilege. Trump wouldn’t have the mens rea to commit an illegal act in that hypothetical. In that example, Cohen would still be in a heap of trouble, but Trump could say he didn’t know a thing about it. Maybe Cohen holds a lot of secrets, but maybe he doesn’t. They call him a pit bull, but just think about how much your idiot dog knows about your tax returns.
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