Regarding the Cohen/Trump recording regarding MacDougall

[SHRED]

I must have missed how the Trump team got access to this recording.

Can anyone explain?

[Faux pas]

1. They colluded with

Cohen's attorneys. It's true, his attorneys handed it over to rumps's guys, I just had to make it seem more interesting.

[Sanity Claws]

2. My guess

Trump, the client, had access to the tape so he could assert the privilege too. Privilege belongs to the client and therefore the client was required to have access to the materials too.

[H2O Man]

3. The judge hearing

the case appointed a retired judge to review all the evidence the FBI collected, to determine what was attorney-client business that could not be used in any trial. Since Trump had used Cohen as a lawyer, he had representation at the hearings. Thus, his legal team has access to the evidence that was ruled to fall under attorney-client privilege. This tape was included.

Several media sources reported incorrectly that the tape was not covered, and speculated Cohen's team released information about the transcript of the conversation. They guessed Cohen was attempting to send a signal to Trump.

In fact, it was covered, and it was the Trump team that shared the information with the NY Times. They did so, in an attempt to distract attention from the Russian scandal. Since they released it, it is no longer privileged -- note that only the client can make the choice to render it thus, not the attorney.

[Iliyah]

6. Yep.

t-rump's team is also trying to muddy the investigation. Ain't gonna work, and yes, t-rump illegally made payments to keep the mistresses silent.

[Turbineguy]

7. Maybe they hope

that the charge will be sex related, which probably will keep trump in office.

[Timmygoat]

4. I guess I am ignorant

But Trump's payoffs and general bad behavior is legal, but exposing it is illegal.

[H2O Man]

5. If it was deemed

privileged, only Trump's team could legally release any information about it. It would have been illegal for the prosecutors/FBI or Cohen's team to leak.

The pay-off could be illegal, if it is ruled to be an in-kind campaign contribution -- which it obviously was. (Trump never bought the rights to the story from the rag, simply because he had won the election. No need to at that point. Timing is everything.)

Trump can't be charged with violating the campaign contribution laws, but Cohen could, in theory. Yet that is a minor charge, that could result in a small fine. Thus, Trump's team felt safe in releasing the information, to serve as a distraction from the rest of the week's events.

[B2G]

8. I thought AMI made the payment, not Cohen or Trump.

Isn't the issue whether or not Trump bought the rights to the story from AMI?

[H2O Man]

9. Right.

AMI made the payment. AMI bought the woman's story.

Cohen was advocating for buying the story from AMI, to have direct control of it. Trump did not need to, as he "won" the election shortly after the taped conversation.

The information about this proves Trump is a liar -- as if it were a question. But the tape does not put him at risk of any violation of the law. It might, however, be viewed as an in-kind campaign contribution from AMI, as their purchase of her story was made to protect Trump's campaign. That might result in a relatively small fine, if pursued, which is unlikely.

It also raises the possibility that there were numerous pay-offs from Cohen, reimbursed by Trump, involving other women. These might also be violations of campaign contribution laws. But they aren't serious charges in and of themselves, certainly not charges that Cohen would flip on Trump to avoid.

Most importantly, it suggests the FBI and prosecutors have other taped conversations between Cohen and Trump, that document issues that prosecutors are interested in.