Michael Avenatti might have just walked into the history books. With
todays news of the FBI raid at Michael Cohen's home and offices here's
my guess of what's playing out.
Decades of Trump being Trump and Cohen being the fixer it's not that
far fetched to think that Cohen thinks he's the consigliere of
sorts. A two bit consigliere to a two bit conman. What legit lawyer
goes around with threats like that. He's been skating at the edge of
what a legit practitioner of law would do. And it's worked. Threats,
intemidation, non-payments, shady payments, bullying. That was Trump's
world. Flying high enough, for sure, but not quite high enough for
being in respectable circles.
Then he had to go run for the presendency. Would have worked out great
if he had lost.
Now that he's the president all the shady shit is going to come to
surface. Thanks to Avenatti.
Sure, Trump plays 3D chess. Avenatti actually wins 3D chess.
Up until now, Trump's well-known absention from email usage worked
well for him. He probably had verbal conversations with his fixer. His
fixer then carried out his wishes. Fixer also was a lawyer. With
attorney-client privilege protecting anything that transpired between
the conman and the fixer.
Thanks to Avenatti the attorney-client privilege might be pierced with
what's known as 'crime-fraud' exception. It becoming increasingly
clear that the payment to Stormy Daniels was not on the up and
up. (How did Cohen get the loan? What did he tell the bank about the
nature of the LLC that was established to make the payment? Wasn't the
payment in-kind contribution to the campaign?) If the attorney and
client discussed the furthering of a crime or fraud, the armor is
pierced. The conversations aren't protected anymore. And guess who
uses emails? The emails and records that were raided today.
If a federal judge approved a subpoena to raid a lawyers offices for
records of conversations with his client it certainly points to a
fairly strong case that what we have here is a 'crime-fraud'
exception. Given what we know of Cohen - a middling, blustering,
thuggish lawer who is more a fixer than an actual lawer - I can't help
but think of the decades worth of shady shit that's bound to turn up
some juicy shit.
Also worth noting that Mueller had the Southern District do the
deed. If charges come out of this it won't be something that Trump can
pardon. He'll have to settle for pardoning the two turkeys on
Thanksgiving. This turkey, err goose, on the other hand, is
cooked. And we have Avenatti to thank for that.