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Source reveals Trump's response to Cohen

Sources say that President Donald Trump wasn't aware his former attorney Michael Cohen recorded their conversations. CNN's Dana Bash has more.

Posted: Jul 23, 2018 2:15 AM
Updated: Jul 23, 2018 2:15 AM

President Donald Trump lashed out Saturday morning at his former personal lawyer Michael Cohen and mischaracterized the government's April raid of Cohen's home and business, one day after reports that Cohen recorded a conversation with Trump about a former Playboy model who says Trump had an affair with her.

"Inconceivable that the government would break into a lawyer's office (early in the morning) - almost unheard of," Trump wrote on Twitter Saturday morning. "Even more inconceivable that a lawyer would tape a client - totally unheard of & perhaps illegal. The good news is that your favorite President did nothing wrong!"

The recording about the former Playboy model, Karen McDougal, which occurred prior to the election, was among the troves of documents and materials that the FBI seized from Cohen's office, home and hotel in New York back in April amid a criminal investigation of Cohen by the US attorney's office for the Southern District of New York. Although Trump charged in his tweet that the FBI broke into Cohen's office, the agency was executing court-approved warrants in conducting the searches.

Despite the President's comment Saturday, he has waived privilege on the recording, said two sources briefed on legal discussions surrounding the materials seized in April. The recording had been deemed privileged by a former federal judge, known as a special master, one of the sources said, adding that Trump's lawyers asked the special master to withdraw the privilege. This gives the government access to the recording as part of the US attorney for the Southern District of New York investigation into Cohen.

Trump's personal lawyer Rudy Giuliani told CNN that Trump had no idea he was being recorded during his conversation with Cohen, which took place in the then-candidate's office at Trump Tower in September 2016

McDougal signed a contract with American Media Inc., the company that owns the National Enquirer, which barred her from publicly speaking about the alleged affair before the 2016 election. On the recording, Cohen and Trump discuss buying the rights to that contract from AMI, according to Giuliani, who described the contract as a "nondisclosure agreement." The discussion, Giuliani said, involved their intention "to reimburse AMI for what they laid out and to do it by check, properly recorded."

A source familiar with the tape said Cohen recommends buying the rights to the story, and Trump asks questions about how they would go about doing that. The discussed payment to AMI ultimately never happened, according to Giuliani.

A spokeswoman for the US attorney's office and Cohen declined to comment. Cohen's attorney, Lanny Davis, told CNN in a statement the recording will not hurt Cohen.

"Obviously, there is an ongoing investigation and we are sensitive to that," Davis said. "But, suffice it so say, that when the recording that has been widely reported is heard, it will not hurt Mr. Cohen. And any attempt to spin cannot change what is on the tape."

After Trump's tweet, Davis added in a post on Twitter: "The strategy of @realdonaldtrump @potus @RudyGiuliani is flawed; just as is #Trump's false #Twitter statement made against @michaelcohen212 this morning. Rudy claims the tape is "exculpatory". Why so angry?"

In recent weeks, documents and other evidence obtained during the April searches have begun to be turned over to the government as the special master, Cohen's lawyers and lawyers representing Trump and the Trump Organization have moved through the process of determining which of the millions of items are subject to attorney-client privilege. The special master, Barbara Jones, has found the vast majority of the items reviewed to be not privileged, according to court filings, indicating that very little of what Cohen did in recent years qualified as legal work.

In recent weeks, Cohen's public remarks have raised suspicions that he could be willing to seek a cooperation agreement with the US attorney's office that would require him to provide information federal prosecutors could use against other individuals they are examining. It's not clear, however, whether the US attorney's office would be willing to grant Cohen such a deal.

New York is a "one-party" consent state, meaning that as long as one participant in the conversation gives permission to record, it is legal.

The ethics committee of the New York City Bar Association issued an opinion in 2003 that a lawyer may tape a conversation without disclosing so "if the lawyer has a reasonable basis for believing that disclosure of the taping would impair pursuit of a generally accepted societal good."

However, the committee discourages lawyers from routinely recording conversations without disclosing they're recording, calling it "ethically impermissible" because it includes a "sufficient lack of candor" and "element of trickery."

Mississippi Coronavirus Cases

Data is updated nightly.

Cases: 341862

Reported Deaths: 7533
CountyCasesDeaths
Hinds23783441
DeSoto23180283
Harrison20365329
Rankin15307290
Jackson15087251
Madison10917227
Lee10674179
Jones8969169
Forrest8621159
Lauderdale7839243
Lowndes7016151
Lamar696289
Lafayette6535124
Washington5589139
Pearl River5141152
Bolivar4949134
Oktibbeha491698
Panola4766112
Warren4709127
Marshall4691106
Pontotoc446273
Union432579
Monroe4322137
Neshoba4268181
Hancock423788
Lincoln4171116
Pike3650113
Leflore3619125
Tate352888
Alcorn349574
Sunflower347194
Adams340588
Scott340176
Yazoo338575
Copiah323468
Simpson322090
Itawamba314180
Coahoma313385
Tippah304768
Prentiss297863
Covington291883
Leake284675
Marion283681
Wayne276143
George270551
Grenada268888
Newton261564
Tishomingo239370
Winston236584
Jasper229548
Attala225973
Stone225337
Chickasaw218760
Holmes199274
Clay196754
Clarke186280
Tallahatchie183742
Calhoun181232
Smith178935
Yalobusha171340
Walthall145348
Lawrence141626
Greene139734
Amite136943
Noxubee134835
Perry133238
Montgomery132244
Carroll125931
Webster121032
Jefferson Davis116234
Tunica113427
Benton106225
Claiborne105031
Kemper102329
Humphreys100133
Franklin87723
Quitman84619
Choctaw82319
Wilkinson77732
Jefferson71128
Sharkey51618
Issaquena1736
Unassigned00

Alabama Coronavirus Cases

Cases: 577463

Reported Deaths: 11510
CountyCasesDeaths
Jefferson841981589
Mobile47171860
Madison37047533
Tuscaloosa26915465
Shelby26873256
Montgomery25918625
Baldwin24499328
Lee16949181
Calhoun15252332
Morgan15017290
Etowah14778370
Marshall12933235
Houston11774292
Elmore10761217
St. Clair10617252
Limestone10574158
Cullman10363205
Lauderdale10083254
DeKalb9382191
Talladega8836188
Walker7681287
Autauga7479114
Jackson7317117
Blount7266139
Colbert6635142
Coffee6163132
Dale5453117
Russell470642
Chilton4682117
Covington4649125
Franklin450081
Tallapoosa4440156
Escambia427882
Chambers3898125
Dallas3717163
Clarke367763
Marion3427106
Pike327879
Lawrence3225101
Winston294973
Bibb284565
Geneva276383
Marengo259967
Barbour246261
Pickens240062
Butler238272
Hale232778
Fayette225264
Henry209245
Monroe197241
Randolph196744
Cherokee196348
Washington180139
Macon168752
Crenshaw165558
Clay163759
Cleburne160245
Lamar149938
Lowndes144854
Wilcox130531
Bullock126142
Conecuh119630
Coosa116929
Perry109928
Sumter109032
Greene98736
Choctaw64325
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