Kara Sears
Former US President Donald Trump and his personal lawyer Michael Cohen may have broken the law in several ways. A search warrant was executed on Cohen's residence and office, based on evidence provided by the government that a crime was committed. This could have broken attorney-client privilege, and the 'crime fraud exception' means that any communications between Trump and Cohen about using the attorney's license to commit a crime are not privileged. Cohen could have also been involved in falsifying business records or making illegal campaign contributions.
| Characteristics | Values |
|---|---|
| Attorney-client privilege | The attorney-client privilege could be broken if the client seeks to use the attorney's license to commit a crime |
| Campaign finance laws | Campaign finance laws may have been broken |
| Tax laws | Tax laws may have been broken |
| Accessorial liability | Trump could be convicted for crimes undertaken in conjunction with Cohen as long as there is proof that he "solicited, requested, commanded, importuned, or intentionally aided" Cohen to engage in illegal conduct |
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What You'll Learn
Attorney-client privilege
In April 2018, the FBI raided the offices and hotel room of Michael Cohen, Donald Trump's personal lawyer. This was based on evidence provided by the government that suggested a crime had been committed.
Former prosecutors have explained how Trump and Cohen may have broken the law, and how attorney-client privilege could be broken. Attorney-client privilege is a legal concept that protects communications between a lawyer and their client. It is intended to ensure that clients feel comfortable sharing all relevant information with their lawyer, so that the lawyer can provide the best possible representation. However, there are exceptions to this privilege. The crime-fraud exception means that if a client seeks to use their attorney's license to commit a crime, any communications between the two are no longer privileged. For example, if a client asks their attorney to run money through their account to circumvent the law, those discussions are not privileged. If Trump and Cohen did discuss a payment to circumvent the law, their communications would not be protected by attorney-client privilege.
In the case of Trump and Cohen, it is alleged that campaign finance laws and tax laws were broken. Jurors could think that illegal campaign contributions were made, and that Cohen or someone else directly carried out this illegal action. However, Trump could still be convicted if the jury found that he enabled the crime. This is known as "accessorial liability".
It is important to note that attorney-client privilege is a complex legal concept, and the specific laws and exceptions may vary depending on the jurisdiction. In the United States, the crime-fraud exception is a well-established part of the law. However, the interpretation and application of attorney-client privilege can be nuanced and fact-specific, and it is often the subject of legal debate.
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Campaign finance laws
In the case of Trump and Cohen, there have been allegations that they may have broken campaign finance laws. Specifically, it has been suggested that they may have engaged in illegal campaign contributions or falsified business records. These allegations are serious, as they could indicate an attempt to influence the outcome of an election through improper means.
The specific laws that Trump and Cohen may have broken include those related to the disclosure of campaign contributions and the limits on the amount of money that can be contributed. It is important to note that, even if Cohen directly carried out any illegal actions, Trump could still be convicted if it is found that he enabled or encouraged those actions. This is known as "accessorial liability".
The potential breaking of campaign finance laws by Trump and Cohen has raised concerns about the integrity of the electoral process and the potential influence of money in politics. It remains to be seen what the full implications of these allegations will be, but they have already led to increased scrutiny of the campaign finances of other candidates and politicians.
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Tax violations
It is alleged that Donald Trump and his lawyer Michael Cohen broke tax laws. In 2018, the FBI raided Cohen's offices and hotel room, and a search warrant was executed on his residence. This was based on evidence provided by the government that it was more likely than not that a crime had been committed.
Former prosecutor Randy Zelin explained how Trump and Cohen could have broken the law and how the attorney-client privilege could be broken. If the client seeks to use the attorney's license to commit a crime, then any communications between the attorney and the client are no longer privileged. If the client needs the attorney to run money through the client to circumvent the law, then those discussions are not privileged. This is called the "crime-fraud exception".
Some jurors could think that Trump and Cohen broke campaign finance laws, while others could think there were tax violations. The judge explained to the jury the concept of "accessorial liability", meaning that Trump could be convicted for crimes he undertook with someone else, such as Cohen, as long as there was proof that he "solicited, requested, commanded, importuned, or intentionally aided that person to engage" in the illegal conduct.
Therefore, even if Cohen directly carried out an illegal action, such as making an illegal campaign contribution, Trump could still be convicted if the jury found that he enabled the crime.
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Accessorial liability
In the case of Trump and Cohen, the "crime fraud exception" could apply. This means that if Trump and Cohen discussed a payment that would circumvent the law, those communications are not privileged. This could be considered a breach of the attorney-client privilege, as the attorney's license would be used to commit a crime.
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Crime fraud exception
The FBI raided the offices and hotel room of Michael Cohen, Donald Trump's personal lawyer, in April 2018. Cohen could have broken the law in several ways, including by breaking attorney-client privilege.
The crime fraud exception means that if a client seeks to use an attorney's license to commit a crime, then any communications between the attorney and the client are no longer privileged. For example, if Mr Trump and Mr Cohen discussed a payment that would circumvent the law, then those communications are not privileged.
Trump could still be convicted for crimes he undertook in conjunction with Cohen, as long as there is proof that he "solicited, requested, commanded, importuned, or intentionally aided that person to engage" in the illegal conduct. This is known as "accessorial liability".
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Frequently asked questions
Trump and Cohen may have broken campaign finance laws, tax laws, and business record falsification laws.
Cohen could have broken the law by allowing Trump to use his attorney's license to commit a crime, such as circumventing the law by running money through Cohen.
The crime fraud exception means that if the client seeks to use the attorney's license to commit a crime, then any communications between the attorney and the client are no longer privileged.
