Flipping Cohen against Trump may not be so easy

[DonViejo]

Secrecy issues make turning a lawyer against a client a legal minefield, experts say

By JOSH GERSTEIN 04/24/2018 05:00 AM EDT

Getting Michael Cohen to rat out President Donald Trump may not be as simple as it sounds.

Although Trump’s detractors are rooting for Trump's personal attorney to “flip” on the president and cooperate with special counsel Robert Mueller to escape a potentially harsh prison sentence, legal obstacles make it difficult for lawyers to expose their clients’ guarded secrets.

Even if Cohen is determined to break his confidences with Trump, legal ethics might deter federal prosecutors from coaxing him to betray his professional confidences with Trump, legal veterans and experts say.

"This idea of 'flipping' Cohen—they can't just flip a lawyer to testify against a client," longtime defense attorney Harvey Silverglate said. “Even if Cohen doesn't know better, one would think the FBI and the prosecutors would know better."

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https://www.politico.com/story/2018/04/24/cohen-trump-attorney-legal-minefield-546336

[InAbLuEsTaTe]

1. Threatening Cohen with 100 years in the slammer should do wonders.

[hlthe2b]

2. Except if he was not acting as a lawyer or was committing legal acts.

Hardly when "legal ethics" comes into play. I think this is more BS

[docgee]

3. I don't think it counts if they commit felonies together. eom

[Goodheart]

4. That would make sense, Mr. Silverglate, except that Cohen is not his "lawyer"

[Orsino]

5. The ratting out may need only to consist of "Is this or is it not your handwriting?"

Unless Cohen is going to claim that he falsified records, the evidence may already be being sifted through by the filter team.

[NewJeffCT]

6. I'd be surprised if he flipped

Trump and Roger Stone supposedly treated Cohen like crap, but Cohen still loved Trump. I don't see that changing.

He's counting on a huge pardon from Trump to absolve him of any criminal charges from Mueller.

[leftynyc]

9. Then he would still HAVE to testify

against donnie (or whoever) because a pardon would remove his ability to plead the 5th. Not sure the writers have actually thought this through.

[NewJeffCT]

10. he still takes the 5th

gets charged with obstruction of justice and Trump pardons him again.

[leftynyc]

15. LOL

I don't see that happening. All that would do is make sure Eric Schniederman gets involved with state charges.

[NewJeffCT]

16. It may come to the Supreme Court

to rule the pardon is invalid because it's obstructing justice. I wonder how Neil Gorusch would rule on that?

[leftynyc]

17. Or just have Eric Schneiderman

charge him with state charges. Pretty sure Gorsuch would have to recuse.

[NewJeffCT]

18. Schreiderman has only just started that process

NY would have to change their laws to allow him to prosecute - which he just recently requested that the NY legislature to do. With Republicans controlling the NY state senate, I don't see that law passing.

[leftynyc]

19. That's not correct

IF he's charged with the same crime both on a federal level AND state - then NY would have to change the law. If he's only charged with state crimes, we're all good.

[PJMcK]

7. This is a poorly written article

First of all, the attorney/client issue has been dissected repeatedly since the raids on Cohen's residences and office. This article merely repeats things we heard a week or more ago.

Next, there is very little comment or perspective from Robert Mueller's team; they don't leak or talk to reporters. Accordingly, all the article can do is pick and choose from the legal filings or quote third parties who aren't involved and can only speak from afar.

Lastly, all of the talk about "flipping" Cohen misses this point: Cohen is most likely guilty of numerous financial crimes. Perhaps he's the target and not Trump. Besides, Mr. Mueller's strategy seems to be divide and conquer by picking off Trump's associates one by one. Eventually, Trump will stand alone.

The article seems to me to be something written to fill the time until the next legal announcement by Mr. Mueller.

[Wellstone ruled]

12. You are right on the mark with

your post. Cohen will do what ever is in his interests to stay alive. New York's AG not let this Sucker escape.

[PJMcK]

14. Thanks

Cohen is in a deep hole of trouble. He knows it, too. That's why he was so respectful of the agents who raided his places.

It's interesting that all of the commentary about Cohen flipping makes the assumption that he has the dirt on Trump. No one has suggested that they're all innocent. I guess that says a lot.

[Wellstone ruled]

21. Sounds like Mr.Cohen will be

in trouble in Chicago as well. Same Taxi issues.

[edhopper]

8. I don't think his trip to Prague

was over legal issues.

[kentuck]

11. It would probably depend on the charges?

....that they have against him?

[genxlib]

13. Let's hope

That the incriminating evidence found is so strong that they both go down without a deal.

Is it really so hard to believe that they operated blatantly illegal schemes without any caution at all. Who knows what they found in those offices.

[FarCenter]

20. Being vulnerable to both Federal and State charges makes it hard to flip Cohen

Which prosecutor is going to get him to plead what offenses?

How do they assure Cohen that the other prosecutor won't bring charges against other offenses in the other jurisdiction?

How do they make the plea deal and immunity broad enough to give Cohen confidence that further charges won't be brought?