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Message
re: Question for the Lawyers
Posted on 4/9/18 at 7:39 pm to HeyHeyHogsAllTheWay
Posted on 4/9/18 at 7:39 pm to HeyHeyHogsAllTheWay
Representing a big company, I wish no-knock/dawn raids were more rare.
1
Posted on 4/9/18 at 7:40 pm to HeyHeyHogsAllTheWay
Meh. You have no idea what you're talking about. I'll wait for NT74 and iosh to weigh in. NT has national intelligence experience, and from what I read on here, iosh is a legal genius.
Posted on 4/9/18 at 7:41 pm to McChowder
quote:
The warrant application has to establish probable cause of a crime.
Actually it does not. the Affidavit for a warrant does NOT have to establish probable cause of a crime. It merely has to establish that the place to search likely contains evidence of a crime.
A minor, but important , difference.
Posted on 4/9/18 at 7:43 pm to CorporateTiger
quote:
Representing a big company, I wish no-knock/dawn raids were more rare.
They really should be more rare, I mean give me a break like a corporate lawyer is going to wake up to a knock on their door at 6 am and think "oh better burn those incriminating files" LOL
Posted on 4/9/18 at 7:45 pm to HeyHeyHogsAllTheWay
quote:
Incorrect. JUDGES approve warrants Good Lord
I guess it’s faux outrage day or maybe you want to argue over semantics. I didn’t ask about a warrant.
The raid on Trump’s personal lawyer Michael Cohen’s office and hotel room Monday April 9 by federal agents armed with warrants would have to have been overseen by Berman, the man the president chose to lead one of the most important and prestigious U.S. Attorney’s offices in the nation
Posted on 4/9/18 at 7:46 pm to IrishTiger89
I've been practicing 22 years and Ive seen it probably 25-30 times. The privilege is not a shield if the lawyer and/or the client are engaged in criminal activity.
There has to be evidence attached to the warrant packet. Apparently the judge saw enough.
There has to be evidence attached to the warrant packet. Apparently the judge saw enough.
Posted on 4/9/18 at 7:46 pm to CorporateTiger
quote:
Jesus. The idea that Cohen’s payment could be a campaign finance violation has been in te news for weeks. Why are people pretending this is some great mystery.
That doesn't meet the standard of probable cause. Imagine if PC consisted of "could". That would be a very scary world to live in.
Posted on 4/9/18 at 7:49 pm to Lakeboy7
quote:
There has to be evidence attached to the warrant packet. Apparently the judge saw enough.
OR this was an especially law enforcement judge. THey certainly exist. Obviously , we don't know either way at this point.
Posted on 4/9/18 at 7:58 pm to HeyHeyHogsAllTheWay
quote:
Actually it does not. the Affidavit for a warrant does NOT have to establish probable cause of a crime. It merely has to establish that the place to search likely contains evidence of a crime.
A minor, but important , difference.
You are somewhat splitting hairs. Probable cause is a constitutional standard in search and seizures
quote:
"Probable cause" generally refers to the requirement in criminal law that police have adequate reason to arrest someone, conduct a search, or seize property relating to an alleged crime.
The alleged crime is the bases for the warrant is it not?
Posted on 4/9/18 at 7:58 pm to NC_Tigah
quote:
If he did, and did not disclose to the bank what he was using the money for, it technically would comprise bank fraud.
There are many cash out refinance mortgage products that do not require disclosing what the funds are going to be used for.
Posted on 4/9/18 at 8:01 pm to HeyHeyHogsAllTheWay
quote:
An affidavit presents evidence that a warrant could collect MORE evidence and then the warrant simply outlines what may be searched and seized and from where.
What are you trying to say here? The warrant must be supported by an affidavit which establishes the existence of probable cause to believe that a crime was committed, and what certain evidence related to that crime is reasonably believed to be in the place that is to be searched.
The agents searching would not usually have the affidavit in hand, but it has been signed by a judge and is available to be obtained by the subject of the search.
Posted on 4/9/18 at 8:02 pm to Toddy
Is it speculative to say that there was probably something pretty incriminating to get the Assistant AG, a Federal Prosecutor, and a Federal Judge to agree to this because this is the personal attorney of the President of the United States?
Posted on 4/9/18 at 8:02 pm to Jimbeaux
quote:
What are you trying to say here? The warrant must be supported by an affidavit which establishes the existence of probable cause to believe that a crime was committed, and what certain evidence related to that crime is reasonably believed to be in the place that is to be searched.
The agents searching would not usually have the affidavit in hand, but it has been signed by a judge and is available to be obtained by the subject of the search.
^^ What he said lol
Posted on 4/9/18 at 8:03 pm to CorporateTiger
quote:This is outrageous....Better call Saul
Most importantly, A/C privilege can't be used to shield communications that are in furtherance of crimes
Posted on 4/9/18 at 8:13 pm to HeyHeyHogsAllTheWay
quote:
It's being reported that they are investigating FEC violations and bank fraud.
FEC violations? There have been very few criminal prosecutions historically for violations of FECA and BCRA. To think, some clients with FEC reports due this week are concerned about reporting credit card processing fees as administrative or fundraising expenses! This would take violations of FECA and the regs to a whole new level. Seems like a stretch to me.
Posted on 4/9/18 at 8:18 pm to IrishTiger89
So, since it appears that Trump is his lone client they could seize every piece of paper, files, videos and toilet paper in the office, home and hotel room?
If I happened to have something in that office with my name on it that the FBI and DOJ could peruse at their leisure and perhaps spill it out I would be outraged.
When is this shite going to end?
If I happened to have something in that office with my name on it that the FBI and DOJ could peruse at their leisure and perhaps spill it out I would be outraged.
When is this shite going to end?
Posted on 4/9/18 at 8:20 pm to roaniemacaroni70
quote:
So, since it appears that Trump is his lone client they could seize every piece of paper, files, videos and toilet paper in the office, home and hotel room? If I happened to have something in that office with my name on it that the FBI and DOJ could peruse at their leisure and perhaps spill it out I would be outraged. When is this shite going to end?
When the Mueller investigation concludes & government "does what they are going to do" with the information he delivers. Didn't the Clinton investigation take like 5 years.
Posted on 4/9/18 at 8:24 pm to Jimbeaux
quote:
What are you trying to say here? The warrant must be supported by an affidavit which establishes the existence of probable cause to believe that a crime was committed, and what certain evidence related to that crime is reasonably believed to be in the place that is to be searched.
The agents searching would not usually have the affidavit in hand, but it has been signed by a judge and is available to be obtained by the subject of the search.
I don't try to say things. I DO say them. The question was asked if a warrant had to list probable cause. I answered, it does not. Then I explained that an affidavit and its purpose.
This post was edited on 4/9/18 at 8:28 pm
Posted on 4/9/18 at 8:30 pm to NC_Tigah
quote:We are talking democratic lawyers that despise Trump and probably judge shopped in DC. It is honest Bob so in DC he has a golden ticket to anything. RR is a POS the the highest degree.
What this tells you is that they have fool proof evidence of crimes being committed
For this level of intrusion, they damn well better.
Posted on 4/9/18 at 8:32 pm to cajunangelle
quote:
We are talking democratic lawyers that despise Trump and probably judge shopped in DC. It is honest Bob so in DC he has a golden ticket to anything. RR is a POS the the highest degree.
In this case Trump appointed the Assistant AG & the Federal Prosecutor that signed off on the warrant. And....this case is very much happening out of NY. Nice try
This post was edited on 4/9/18 at 8:33 pm
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