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Trump Called Michael Cohen as Their Lawyers Went to Court Over Seized Trump Documents Trump Sees Inquiry Into Cohen as Greater Threat Than Mueller
(about 2 hours later)
President Trump phoned his longtime confidant, Michael D. Cohen, to “check in” on Friday as lawyers for the two men went to court to block the Justice Department from reading seized documents related to Mr. Cohen’s decade of work for Mr. Trump, according to two people familiar with the call. WASHINGTON — President Trump’s advisers have concluded that a wide-ranging corruption investigation into his personal lawyer poses a greater and more imminent threat to the president than even the special counsel’s investigation, according to several people close to Mr. Trump.
It is not clear what else they discussed in a call that came days after a series of F.B.I. raids. Depending on what was said, the call could be problematic for both men, as defense lawyers often advise their clients not to talk to each other during investigations. Mr. Trump and Mr. Cohen still were trying to determine what exactly was seized. As his lawyers went to court in New York on Friday to try to block prosecutors from reading files that were seized from the personal lawyer, Michael D. Cohen, this week, Mr. Trump found himself increasingly isolated in mounting a response. He continued to struggle to hire a new criminal lawyer, and some of his own aides were reluctant to advise him about a response for fear of being dragged into a criminal investigation themselves.
The raids were even broader than have been previously reported. Prosecutors said the raids were part of a monthslong investigation into Mr. Cohen. In addition to searching Mr. Cohen’s office and hotel room, prosecutors also obtained warrants to seize material from his cellphones, tablet, laptop and a safe deposit box, according to people briefed on the warrants. The raids on Mr. Cohen came as part of a monthslong federal investigation based in New York, court records show, and were sweeping in their breadth. In addition to searching his home, office and hotel room, F.B.I. agents seized material from Mr. Cohen’s cellphones, tablet, laptop and safe deposit box, according to people briefed on the warrants. Prosecutors revealed in court documents that they had already secretly obtained many of Mr. Cohen’s emails.
“The searches are the result of a monthslong investigation into Cohen, and seek evidence of crimes, many of which have nothing to do with his work as an attorney, but rather relate to Cohen’s own business dealings,” federal prosecutors wrote in court papers filed on Friday. Mr. Trump called Mr. Cohen on Friday to “check in,” according to two people briefed on the call. Depending on what else was discussed, the call could be problematic, as lawyers typically advise their clients against discussing investigations.
The court papers also disclosed that prosecutors — before the raids on Monday — had already obtained secret search warrants for several of Mr. Cohen’s email accounts as part of what they said was a grand jury investigation. Mr. Cohen has publicly declared that he would defend the president to the end, but court documents show that prosecutors are building a significant case that could put pressure on him to cooperate and tell investigators what he knows.
The uncertainty around what was taken has heightened the unease around Mr. Trump, whose lawyers had projected confidence in their dealings with the special counsel, Robert S. Mueller III, but were caught flat-footed by the extraordinary raids on Mr. Cohen. The lawyers fear that Mr. Cohen will not be forthcoming about what was in his files, leaving them girding for the unknown. The documents seized by prosecutors could shed light on the president’s relationship with a lawyer who has helped navigate some of Mr. Trump’s thorniest personal and business dilemmas. Mr. Cohen served for more than a decade as a trusted fixer and, during the campaign, helped tamp down brewing scandals about women who claimed to have carried on affairs with Mr. Trump.
A hurriedly scheduled court appearance in Manhattan on Friday reflected that worry. The seized documents could shed light on the president’s relationship with Mr. Cohen who has helped steer him through some of his thorniest personal and business dilemmas. Joanna C. Hendon, a lawyer for Mr. Trump, asked a federal judge to temporarily prohibit the Justice Department from reviewing those materials until the matter can be litigated. Mr. Trump, Mr. Cohen and their teams were still scrambling on Friday to assess the damage from the raid early Monday morning. They remained unsure what had been taken, an uncertainty that has heightened the unease around Mr. Trump.
“Those searches have been executed and the evidence is locked down. I’m not trying to delay,” Ms. Hendon said. “I’m just trying to ensure that it’s done scrupulously.” Although his lawyers had projected confidence in their dealings with the special counsel, Robert S. Mueller III, they were caught flat-footed by the New York raids. The lawyers fear that Mr. Cohen will not be forthcoming with them about what was in his files, leaving them girding for the unknown.
Mr. Cohen’s lawyers have called the raids of his offices and hotel room an overreach of the law, and the president has said that the attorney-client privilege is dead because of the action. Mr. Cohen and Mr. Trump, through their lawyers, argued in federal court on Friday that many of the seized records were protected by attorney-client privilege. They asked for an order temporarily prohibiting prosecutors from reading the documents until the matter could be litigated. Mr. Cohen argued that he or an independent lawyer should be allowed to review the documents first.
Mr. Cohen wants his lawyers to be able to review the files and withhold privileged material before prosecutors can see them. As an alternative, he asked that an independent lawyer be allowed to review the files first, which prosecutors said would delay the investigation. Prosecutors argued in their court filing that the request by Mr. Cohen’s lawyer “belies the true intent of his motion: To delay the case” and “deprive” prosecutors of evidence. Judge Kimba M. Wood of United States District Court postponed any decision until a follow-up hearing Monday. “Those searches have been executed, and the evidence is locked down,” Joanna C. Hendon, a lawyer for Mr. Trump, said in court. “I’m not trying to delay. I’m just trying to ensure that it’s done scrupulously.”
Prosecutors argued that the previously seized emails revealed that Mr. Cohen was “performing little to no legal work, and that zero emails were exchanged with President Trump.” They said their investigation was focused on Mr. Cohen’s business dealings, not his work as a lawyer.
But it is difficult to extract Mr. Cohen from his work for Mr. Trump. For more than a decade, Mr. Trump has unleashed Mr. Cohen on his foes — investigative journalists, business rivals and potential litigants. And the New York search warrant makes clear that the authorities are interested in his unofficial role in the campaign.
Prosecutors demanded all communication with the campaign — and in particular two advisers, Corey Lewandowski and Hope Hicks, according to two people briefed on the warrants.
Prosecutors also seized recordings of conversations that Mr. Cohen had secretly made, but he told people in recent days that he did not tape his conversations with Mr. Trump. Mr. Cohen frequently taped conversations with adversaries and opposing lawyers, according to the two people briefed.
The raids on Mr. Cohen surprised and angered the president, who has been frustrated with the special counsel investigation into Russia’s 2016 election interference, the Kremlin’s possible coordination with Trump associates and whether the president has tried to obstruct those inquiries.
In response to the raids, Mr. Trump has considered firing Mr. Mueller, Attorney General Jeff Sessions and the deputy attorney general, Rod J. Rosenstein.
Mr. Cohen’s lawyers have called the raids of his offices and hotel room an overreach of the law. Prosecutors said on Friday that they had used a search warrant, rather than a subpoena, because they had evidence that Mr. Cohen’s files might be permanently deleted — by whom, the documents did not say. Many details in the documents were redacted, but prosecutors said they had found evidence of fraud and a “lack of truthfulness” on his part.
Mr. Cohen wants his lawyers to be able to review the files and withhold privileged material before prosecutors can see them. As an alternative, he asked that an independent lawyer be allowed to review the files first. A judge scheduled a follow-up hearing for Monday and ordered Mr. Cohen to attend. The judge, Kimba M. Wood, was upset that he was not in court Friday.
Federal agents seized documents that dated back years, some of which are related to payments to two women who have said they had affairs with Mr. Trump. Other documents seized included information about the role of The National Enquirer in silencing one of the women, people briefed on the investigation have said.Federal agents seized documents that dated back years, some of which are related to payments to two women who have said they had affairs with Mr. Trump. Other documents seized included information about the role of The National Enquirer in silencing one of the women, people briefed on the investigation have said.
The warrant sought all documents, including emails between Mr. Cohen and Mr. Trump, related to Mr. Cohen’s efforts to suppress negative publicity ahead of the 2016 election. Communications between lawyers and their clients are normally off limits to prosecutors, but there are exceptions, including when the materials are considered part of a continuing crime.
Communications between lawyers and their clients are normally off limits to prosecutors but there are exceptions, including when the materials are considered part of an ongoing crime. Mr. Trump has viewed any investigation of his business and private life to be off limits to prosecutors, but the search warrants make clear that investigators consider those topics part of their case.
The raid on Mr. Cohen surprised and angered the president, who has been frustrated with the ongoing special counsel investigation into Russia’s 2016 election interference, the Kremlin’s possible coordination with Trump associates and whether the president has been deliberately trying to obstruct those inquiries. On Monday, Mr. Trump called the raid an “attack on our country in a true sense.” Agents sought information about Karen McDougal, a former Playboy model who claims she had a nearly yearlong affair with Mr. Trump shortly after the birth of his youngest son in 2006. American Media Inc., which owns The Enquirer, paid Ms. McDougal $150,000. The company’s chief executive is a friend of Mr. Trump’s.
Federal agents in New York were looking for information about Karen McDougal, a former Playboy model who claims she had a nearly yearlong affair with Mr. Trump shortly after the birth of his youngest son in 2006. American Media Inc., which owns the National Enquirer, paid Ms. McDougal $150,000. The chief executive of America Media Inc. is a friend of Mr. Trump’s. Agents also demanded information related to Stephanie Clifford, better known as Stormy Daniels, a pornographic film actress. Ms. Clifford has said she had sex with Mr. Trump while he was married. Mr. Cohen has acknowledged paying Ms. Clifford $130,000 as part of a nondisclosure agreement to secure her silence days before Election Day.
Agents were also searching Mr. Cohen’s office and hotel room for information related to Stephanie Clifford, better known as Stormy Daniels, a pornographic film actress. Ms. Clifford has said she had sex with Mr. Trump while he was married. Mr. Cohen has acknowledged that he paid Ms. Clifford $130,000 as part of a nondisclosure agreement to secure her silence days before the 2016 presidential election. Mr. Trump recently told reporters he knew nothing about the agreement. Mr. Trump recently told reporters he knew nothing about the agreement.
The seized records also include communications between Mr. Trump and Mr. Cohen, who joined Mr. Trump’s company, the Trump Organization, in 2006, which would most likely require a special team of agents to review because conversations between lawyers and clients are protected from scrutiny in most instances.
Searching a law office is one of the most sensitive — and most heavily reviewed — activities the Justice Department conducts. It is rare to seek documents from lawyers in any case, but doing so by search rather than subpoena is unusually aggressive and is typically reserved for cases when prosecutors believe that the lawyer would conceal or destroy evidence if asked for it.