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Search Warrant on Attorney Michael Cohen's Office and Hotel Room

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发表于 4-11-2018 12:11:04 | 显示全部楼层 |阅读模式
本帖最后由 choi 于 4-11-2018 15:44 编辑

(1) Michael Rothfeld, Joe Palazzolo and Mark Maremont, Trump Company's Records Sought; Prosecutors' request is related to payment to Stormy Daniels by President's Lawyer. Wall Street Journal, Apr 11, 2018.
https://www.wsj.com/articles/fed ... nization-1523379888

Quote:

(a) "Federal prosecutors in [Manhattan,] New York asked the Trump Organization, President Donald Trump's flagship company, for records relating to a $130,000 payment to a former adult-film actress as part of an investigation into Mr Trump's personal lawyer, according to a person familiar with the matter.

"The request came in connection with raids by the Federal Bureau of Investigation Monday on the office, hotel room and home of Trump lawyer Michael Cohen. Federal prosecutors in Manhattan are examining possible bank fraud by Mr Cohen, among other matters, the person familiar with the matter said.

(b) "The search warrant in Monday's [Apr 9's] seizures of Mr Cohen’s records also sought information about a $150,000 payment by American Media Inc, publisher of the National Enquirer, to a former Playboy model who said she had an affair with Mr. Trump, according to a person familiar with the matter.

(c) "An AMI spokesman said Tuesday the company would continue to comply with requests that don’t violate its sources or materials according to the First Amendment.

Note:
(a) This report is NOT behind paywall. There is no need to read the rest of this report, though, because the situation is fluid and fast-moving.
(b) Quotation (c) suggests that AMI has been served with subpoena(s).
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 楼主| 发表于 4-11-2018 12:11:45 | 显示全部楼层
本帖最后由 choi 于 4-11-2018 15:44 编辑

(2) Erica Orden and Nicole Hong, US Attorney Recuses Himself. Wall Street Journal, Apr 11, 2018.
https://www.wsj.com/articles/man ... en-probe-1523399871

Quote:

"The interim Manhattan US attorney, Geoffrey Berman, recused himself from his office’s investigation into President Donald Trump's longtime lawyer, Michael Cohen, according to people familiar with the matter, leaving the highly sensitive probe in the hands of his deputy.  The deputy US attorney, Robert Khuzami, whom Mr Berman hired upon taking office in January

"It is unclear why Mr Berman stepped back from the Cohen matter, but some legal experts have suggested that Mr Berman's involvement could have appeared improper, given his potential nomination by Mr. Trump to a permanent job in the post.

"Mr Berman holds the job as a temporary post—with a term that ends early next month. With the expiration date approaching, the White House had been facing a deadline to nominate someone permanent to occupy the position.

My comment:
(a) This report is not behind paywall, either. Again there is no need to read the rest.
(b) Regarding quotation 2. "some legal experts have suggested that Mr Berman's involvement could have appeared improper." The suggestion/hinr is wrong in law. A United States Court of Appeals held that a federal magistrate judge who had presided a civil action had no obligation to recuse where a defendant had had tie with a US senator of that state who was rumored to eye that magistrate judge for nomination to be district judge of that court (but did not while the case was on-going).
(c) Regarding quotation 3. As an interim United States attorney, the term of his appointment is 120 days at most.

A United States is a political appointee. So after a new president is inaugurated, he will be asked to resigned/ If the US attorney refused, he will be fired. Then two federal statutes kick in.
(i) Firstly Vacancies Reform Act of 1998, codified as 5 USC sections 3345 through 3349d.
(A) Section 3345 (titled: Acting Officer) provides:

"(a) If an officer of an Executive agency * * * whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office-
(1) the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346 [210 days]

In other words, First Assistant United States Attorney picked by the departed United States attorney would become acting US attorney, whom the new president does not necessarily see eye to eye.
(B) section 3349 (titled: Presidential inaugural transitions) allows 90 more days, to 300 days.
(ii) After the acting US attorney serves 300 days at longest, he must step down. If a new US attorney is not nominated (by president) or confirmed (by the senate), 28 USC section 546 (titled: Vacancies) asserts itself:

"(a) * * * the Attorney General may appoint a United States attorney for the district in which the office of United States attorney is vacant.
* * *
(c) A person appointed as United States attorney under this section may serve until the earlier of-
(1) the qualification of a United States attorney for such district appointed by the President under section 541 of this title; or
(2) the expiration of 120 days after appointment by the Attorney General under this section.
(d) If an appointment expires under subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court.
(e) 28 USC section section 435 stands for Title (equivalent to chapter) 28 of United States Code, section 546.
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