Judge signals Trump refusal
Fox host Hannity named as secret client of lawyer
NEW YORK — A federal judge signaled Monday that she is unlikely to grant President Donald Trump’s request to let him unilaterally determine what material seized last week from his personal lawyer is privileged, but she indicated that she may appoint an outside attorney to assess the records in an effort to navigate the high-stakes case.
The investigation of Cohen — which has pitted the president against his own Justice Department — took another unexpected turn Monday with the courtroom revelation that one of Cohen’s legal clients was Fox News commentator Sean Hannity.
Hannity played down
the relationship, saying he occasionally asked Cohen legal questions but never paid him. But the connection between the two men inserted another high-profile, polarizing Trump ally into the drama surrounding the criminal investigation of the president’s longtime lawyer.
The legal showdown began last week when FBI agents searched Cohen’s office, home, hotel room and safe-deposit box, seizing records and documents as part of a probe by federal prosecutors in New York into possible bank fraud and wire fraud.
Lawyers for Cohen and Trump have argued that the seizure could lead to violations of attorney-client privilege.
‘Special master’?
At a hearing Monday before U.S. District Court Judge Kimba Wood, federal prosecutors sparred with lawyers for Cohen and a lawyer for Trump, who Sunday night asked the judge to let the president review the seized material before investigators go through it.
Last week, Cohen’s attorneys asked to review the documents, or have a court-appointed special master do so, to determine what material is protected by privilege.
The judge did not make a decision but said she was considering appointing a special master — not because of legal precedent but in the interest of avoiding the appearance of bias in the politically charged case. Wood said she wanted more information before ruling.
“I have faith in the Southern District U.S. Attorney’s Office that their integrity is unimpeachable,” she said.
But she added that to address concerns about “fairness” raised by Trump and Cohen’s attorneys, “a special master might have a role here. Maybe not the complete role, but some role.”
The judge asked the government to make digital copies of all the material it had seized and share those files with Cohen’s lawyers, who would in turn share relevant information with lawyers for Trump and the Trump Organization.
The goal, Wood said, would be to have a sense of how much work would be required of a special master and, therefore, how long it might take.
In the course of arguments, Cohen’s lawyers acknowledged that he has had only about three legal clients in the past year and a half — Trump, former Republican National Committee deputy finance chairman Elliot Broidy and a mystery third client whom Cohen initially didn’t want to name.
Under pressure from the judge, Cohen’s legal team eventually revealed that Hannity was the third client — drawing gasps and some chuckles in the courtroom.
The firebrand commentator is a close informal adviser to Trump, who has urged the public to watch Hannity’s show, during which he regularly attacks the special counsel investigation into Russia’s interference in the 2016 campaign.
Last week, Hannity criticized the raids on Cohen’s office and residences as “an unprecedented abuse of power,” never mentioning his relationship with the Trump lawyer.
Hannity said Monday that he occasionally turned to Cohen when he had legal questions but that he never paid him to be his attorney.
“Michael Cohen has never represented me in any matter,” the conservative commentator wrote on Twitter. “I never retained him, received an invoice, or paid legal fees. I have occasionally had brief discussions with him about legal questions about which I wanted his input and perspective.”
“I assumed those conversations were confidential, but to be absolutely clear they never involved any matter between me and a third-party,” Hannity added.
Cohen, who is under criminal investigation for possible bank fraud and campaign finance violations, has come under scrutiny by federal prosecutors for his efforts to tamp down negative stories about Trump.
‘That ends now’
In late 2016, he paid adult-film star Stormy Daniels $130,000 in exchange for her agreement not to discuss an alleged sexual encounter with Trump.
Daniels attended Monday’s hearing, telling reporters afterward that “for years, Mr. Cohen has acted like he is above the law.”
“He has never thought that the little man — or especially, women, and even more, women like me — matter,” she said.
“That ends now. My attorney and I are committed to making sure that everyone finds out the truth.”