February 27, 2019

ADAM MILL: How Forcing Michael Cohen To Divulge Attorney-Client Communications Damages The Rule Of Law.

Let’s start at the beginning with a British judge serving under Queen Elizabeth, who wrote, “Thomas Hawtry, gentleman, was served with a subpoena to testify his knowledge touching the cause in variance; and made oath that he hath been, and yet is a solicitor in this suit, and hath received several fees of the defendant: which being informed to the Master of the Rolls, it is ordered that said Thomas Hawtry shall not be compelled to be deposed” (Berd v. Lovelace Anno 19 Eliz. 1576-77).

Cut to 2018 when the left sacrificed this sacred principle of Western civilization in the name of getting Trump. The New York Times titillated Trump-haters with the public airing of a recording of a discussion between Donald Trump and Cohen concerning the payment of two women who were essentially blackmailing then-candidate Trump. The FBI seized the recording during a raid of Cohen’s office. The New York Times did not say where it obtained the recording.

Subsequent to the release of the recording, the president chose not to assert attorney-client privilege. Those familiar with attorney-client confidentiality understand that the public release deprived him of any meaningful opportunity to make that choice. Nobody can un-hear the recordings.

It’s bad that an attorney maintained secret audio tapes of conversations with his client. Such information has a way of ending up in the wrong hands, and secretly making these tapes impairs the spirit of the attorney-client relationship. But it’s really bad that the American Civil Liberties Union posted an article cheerleading the raid. The government doesn’t need a cheerleader, and certainly not from the ACLU.

Sadly, this kind of partisanship is exactly what we’ve come to expect from the ACLU.

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