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: 501097

Reported Deaths: 9990
CountyCasesDeaths
Harrison34338538
DeSoto32117403
Hinds31939628
Jackson24494382
Rankin21995390
Lee15543235
Madison14581280
Jones13851242
Forrest13453251
Lauderdale11991317
Lowndes11050188
Lamar10521135
Pearl River9533237
Lafayette8550140
Hancock7732127
Washington7438158
Oktibbeha7146131
Monroe6777177
Warren6694176
Pontotoc6664102
Neshoba6637206
Panola6531131
Marshall6467134
Bolivar6317148
Union602894
Pike5820152
Alcorn5669101
Lincoln5436135
George496879
Scott472898
Tippah469281
Prentiss467281
Leflore4658144
Itawamba4636105
Tate4588111
Adams4587119
Copiah448592
Simpson4446116
Yazoo444187
Wayne439772
Covington428894
Sunflower4239105
Marion4226108
Coahoma4160105
Leake408288
Newton381779
Grenada3707108
Stone360364
Tishomingo359792
Attala331589
Jasper329965
Winston314291
Clay308076
Chickasaw300367
Clarke292494
Calhoun279446
Holmes267987
Smith264050
Yalobusha234047
Tallahatchie228051
Greene219348
Walthall218763
Lawrence212940
Perry205556
Amite205156
Webster202946
Noxubee186740
Montgomery179656
Jefferson Davis171743
Carroll169138
Tunica159839
Benton148838
Kemper141941
Choctaw133426
Claiborne132737
Humphreys129538
Franklin120228
Quitman106428
Wilkinson105139
Jefferson94534
Sharkey64120
Issaquena1937
Unassigned00

Alabama Coronavirus Cases

Cases: 819597

Reported Deaths: 15406
CountyCasesDeaths
Jefferson1147901924
Mobile725791338
Madison52306697
Shelby37597350
Baldwin37245552
Tuscaloosa35101612
Montgomery34106740
Lee23526246
Calhoun22225488
Morgan20941378
Etowah19825500
Marshall18361304
Houston17384412
St. Clair16054339
Cullman15443293
Limestone15343199
Elmore15241286
Lauderdale14302295
Talladega13836283
DeKalb12649261
Walker11202370
Blount10192176
Autauga10043148
Jackson9871184
Coffee9210191
Dale8897185
Colbert8860201
Tallapoosa7084198
Escambia6772134
Covington6712183
Chilton6641162
Russell636659
Franklin5959105
Chambers5607142
Marion5005127
Dallas4973200
Pike4795106
Clarke475584
Geneva4571127
Winston4516103
Lawrence4321117
Bibb425186
Barbour357776
Marengo338090
Monroe331464
Randolph329764
Butler326396
Pickens316284
Henry312666
Hale311388
Cherokee302860
Fayette292880
Washington251551
Cleburne247760
Crenshaw245275
Clay243368
Macon234663
Lamar224147
Conecuh186153
Coosa180240
Lowndes175164
Wilcox168839
Bullock151644
Perry138840
Sumter133038
Greene126744
Choctaw88527
Out of AL00
Unassigned00
Tupelo
Clear
75° wxIcon
Hi: 81° Lo: 60°
Feels Like: 75°
Columbus
Clear
74° wxIcon
Hi: 79° Lo: 59°
Feels Like: 74°
Oxford
Clear
77° wxIcon
Hi: 80° Lo: 59°
Feels Like: 79°
Starkville
Partly Cloudy
74° wxIcon
Hi: 79° Lo: 60°
Feels Like: 74°
Clear cool and dry to begin your weekend, but both afternoons should be a little bit above what we expect for this time of year temperature wise. Rain chances begin to return late Sunday night, with at least two chances for storms over the next week, summer could be strong.
WTVA Radar
WTVA Temperatures
WTVA Severe Weather