The crime-fraud exception to the attorney-client communications privilege is a very narrow and rare exception. Courts tend to err on the side of the privilege.
The only way the DOJ got this warrant was providing enough evidence to convince a judge that one or more of Cohen's clients communicated with Cohen about:
- a crime they were about to commit;
- a crime they were in the process of committing; or
- concealing or destroying evidence.
So, how would this relate to Trump?
If Trump ordered Cohen to pay off Stormy, that is not a crime.
If Cohen offered to pay off Stormy as a campaign contribution, and Trump agreed, that is a crime on both of them. FEC violation. According to the Federal Elections Commission:
"
Most violations of the Federal Election Campaign Act (FECA) result in civil penalties--fines arrived at through a conciliation process. Knowing and willful violations of certain FECA provisions can lead to imprisonment. The FEC has exclusive civil enforcement authority, and may refer criminal violations to the
U.S. Department of Justice. For additional information see our
page describing the complaint process. Note that sentencing guidelines for criminal violations of the law are set by the
U.S. Sentencing Commission."
FEC.gov
If that's true, why is the DOJ already involved? This went from 0-200 in less than a second. Is it unreasonable to believe that the DOJ/FBI is out to get Trump?
But, my point is this--does this type of offense WARRANT (pun intended) the invasion of confidential, protected communications?
Sure, there could be evidence of Trump and Cohen conspiring to destroy evidence in the Russia Collusion bullshit, but what evidence? I thought Mueller had the goods. I thought this was slam dunk.
I just want justification from the DOJ/FBI and the Court. WE THE PEOPLE deserve to know why our government is intruding on the rights of one of us. I don't care who the fuck it is.
Why are these power-hungry government dickheads (and they are ALL power-hungry, make no mistake) trashing very important civil liberties in a fashion that could affect each and every one of us, where we now must concern ourselves with the possibility that government twats could grab our communications with our lawyers and use it against us to feed the hungry private prison industry?
This reeks of the ambitious fucking with each other at our expense.