How many laws can Michael Cohen break? (all of them)

I mean I get the point @MikeJ seems to be angling for, and he does have something too it. The notion of equal protection under the law has never been especially true. A person with means is more likely to be able to present a vigorous defense. And certainly departments have taken opportunities to target persons, knowing they don’t have the financial means.

So, yes, a person who is targeted, even if innocent, may find themselves unable to adequately defend themselves. Threatening to bankrupt someone in order to get them to confess? Yeah, you could probably find plenty of examples.

But Cohen is the wrong person to make that argument with.

Welcome to the criminal justice system? It happens to minorities and poor people fairly often. You can always go with a public defender. You wont find me not saying we don’t need to do more to uphold the 6th Amendment.

In that same vein, don’t do anything so complex it requires a team of lawyers to sort it all out unless you can afford it.

Money buys better justice and always has though. If any of us had been accused like say, OJ Simpson was… we’d be doing life.

It’s the premise of nearly every defamation claim. Notice how those tend to only get filed where there aren’t Anti-SLAPP laws.

Typing on the phone sucks, so forgive me if I’m brief. I’m not trying to make anyone feel sorry for Cohen. I don’t feel sorry for him. But I don’t like celebrating this particular aspect of the legal system, even if it couldn’t happen to a more deserving person.

I tend to agree on this point. But I’m also convinced he’s in a scenario where money was irrelevant. He was too stupid and did too much illegal bullshit to get out from under it. Even with unlimited defense funds he would’ve likely ended up at the same place.

Of course he probably could’ve milked a few more months of freedom out of it.

I’m glad the money doesn’t make a huge difference in this case, either way. The whole scenario of paying more each day than a typical family makes in a year to maintain an anti jail spell just seems nuts.

It’s weird how even non-rich people have a deeply ingrained belief the law shouldn’t apply to rich people.

“This guy grew up among mobsters, knowingly took jobs with shady characters, and engaged in transactions pretty much everyone says are legally questionable. Now it looks like prosecutors are going to throw the book at him, and he’s having trouble raising money for lawyers.”

“Yeah, well then he shouldn’t have gotten himself into this. I’ve lived my whole life without having any trouble with the law. He should take responsibility for his actions.”

“Did I mention this was a rich white guy with millions of dollars?”

“This is an abuse of authority!”

(Of course it’s just more of “all Americans are just temporarily embarrassed millionaires.” If a poor guy goes to jail, that just proves to you how morally superior you are for being non-poor. But if a rich guy goes to jail for doing terrible thing and you secretly dream of being a rich guy …)

Whomp whomp. (aka Sad Trumpbone)

There ARE a few safeguards in the US system that prevents prosecutors from simply burying you under legal charges.

The first is the grand jury process. A state or federal prosecutor can’t just charge you with a felony just to get you off the streets or to stress you out. They have to go before a judge or a grand jury and present evidence that is sufficient to indict someone. That evidence doesn’t have to meet the “beyond a reasonable doubt” threshold, but it does have to exist and be halfway compelling – and if a prosecutor simply makes up evidence, they can be charged with perjury themselves.

Secondly, the accused could simply demand a public defender. Sure, the representation would (presumably) be low-quality, but it would actually make the nefarious prosecutor’s office foot the bill for the fake charges. And if the public defender half-assed the defense, the accused could (in theory) use that in an appeal to a higher court.

This isn’t to say that the current system and its expenses aren’t horrific in some cases. There are lots of terrible stories about penniless defendants who plead guilty to suspended sentences (even when they are innocent) because they simply can’t afford to pay their bail or can’t afford to take days off of work to attend court.

I guess the judge could consider if the prosecutor is advancing an unusual interpretation of a statute or pursuing a conviction in a situation where violations are routinely ignored.

Would a grand jury be aware of that context?

No, they almost certainly wouldn’t be unless one of the group happens to be a lawyer with experience in that area. But in such a case, the grand jury probably shouldn’t be aware - or need to be aware - of that fact.

Recall that for grand juries we’re talking about felonies, not petty crimes. I’m sure that there are a number of felonies on the books that should not be there, but in general I don’t think that there are a lot of felony crimes that are “routinely ignored”.

But regardless, the grand jury is there to validate that enough evidence has been collected to ensure that arresting and jailing a person is justified. They are not there to decide whether the laws are valid, and they don’t determine whether the subject is guilty or innocent.

What the grand jury should be doing is questioning the evidence, and they often do that.

Anecdotal Story

A quick anecdote: I was on a federal grand jury for a year (one week each month), and we heard a hacking case where the accused had allegedly broken into a slew of government computers. To make it a felony, the perpetrator had to have caused $X amount of damage to the public, be that in damaged hardware or lost productivity or whatever.

In this case, the hacker found some default passwords still on the boxes and used those to gain access. He then did a bunch of damage inside. But the prosecutor in this case cited the fact that after the break-in, the agencies in question were panicked into doing a massive effort to plug all those holes – they hired a contractor to scan all their servers and fix the issues, and the effort cost multiple millions of dollars.

The prosecutor pointed to that cost as part of the reason that the indictment should be a felony.

I - a guy having some insight into government computers - pointed out that government regs mandate that any new server should be configured to remove the default passwords. The hacker didn’t cause the issue, his intrusion simply brought to light a bunch of poor configuration-management on the part of the government; those millions of dollars would have had to been spent regardless.

Man, the prosecutor did NOT like that. He proceeded to lecture me on how expensive government contractors were… which was ironic since a good third of the jury were government contractors. And he elected to leave that evidence in the indictment and ignore my comments.

I eventually voted to indict anyway, because the cost of the actual damage that the guy did was still above the threshold. But I was somewhat gratified to learn later on that the judge threw out the specific counts related to those charges… for exactly the reasons I had specified.

That’s a great anecdote, thanks for sharing @Tin_Wisdom.

I know the old line is that a grand jury will indict a ham sandwich, but how much of that is due to prosecutors only bringing cases they have a reasonable body of evidence for before a grand jury?

I honestly have no idea.

It does seem nuts, but given all we already have heard about what he’s done and what his client may have done, doesn’t it seem rather normal that it would be really costly to defend that sort of case?

I’m definitely not feeling sympathy for the guy. You work with crooks, expect to pay for good (or crooked) lawyers.

A lot of the cost so far is presumably driven by him asserting attorney-client privilege over 1.3m documents that were seized and then paying a team of lawyers to sort through them to figure out which ones have even a plausible claim of actually being privileged.

My head hurts. So you ARE saying we don’t need to do more to uphold the 6th Amendment?

We don’t not NOT need to do more!

I blame going too long without sleep before I wrote that. I totally missed the not.

I shall leave my shame for all to see.

The special master Barbara Jones ruled on Thursday that 1,452 documents labeled as privileged by President Donald Trump, his longtime lawyer Michael Cohen, or the Trump Organization are not privileged.

Cohen, who finds himself at the center of a criminal investigation in the Southern District of New York, is not challenging her decision in court.

In a Thursday court filing to US District Judge Kimba Wood, the special master, Barbara Jones, ruled that of 4,085 items recently designated as privileged by Cohen, Trump, or the Trump Organization, 2,633 were either privileged or partially privileged. The remaining 1,452 were not, she ruled.

Cohen was offered $10m to help get DoE funding for nuclear plants

The most astonishing thing to me is this:

He was still grifting well after he knew he was under investigation. They really are the dumbest crooks ever.