A legal fight over what should happen to records the FBI seized from US President Donald Trump’s personal attorney took a surprise twist on Monday when the lawyer, Michael Cohen, was forced to reveal a secret — that he had also done legal work for Fox News host Sean Hannity.
The disclosure came as a New York judge disappointed a lawyer for Trump by letting prosecutors proceed with the cataloguing of evidence, including multiple electronic devices that were seized in raids, while a system is set up to ensure that records protected by attorney-client privilege are not disclosed to investigators.
Lawyers for Cohen and prosecutors both had reason to claim success after three hours of arguments before US District Judge Kimba Wood, who said she may appoint a special master, a neutral lawyer, to help decide which materials should stay confidential.
Photo: AP
Wood denied a request by Trump’s lawyer, Joanna Hendon, that the president and Cohen get the first crack at designating which documents should be off-limits to investigators.
Hannity’s name emerged after the judge pressed Cohen to divulge the names of the clients he has worked with since the 2016 election, whose privileged communications might be contained within his files.
Cohen’s legal team said he had just three clients last year and this year. One was Trump. Another was Elliott Broidy, a Trump fundraiser who resigned from the Republican National Committee on Friday after it was revealed that he paid US$1.6 million to a Playboy Playmate with whom he had an extramarital affair. The Playmate became pregnant and elected to have an abortion.
Cohen’s lawyers resisted revealing the name of the third client, saying it would be embarrassing and unnecessary. Plus, the client had specifically asked for privacy and requested that they appeal any demand to divulge his name.
“I understand he doesn’t want his name out there, but that’s not enough under the law,” Wood said.
When the name was announced, there were gasps and some laughter in a courtroom packed with journalists. A few of them raced from the courtroom.
Cohen’s lawyers did not detail the type of legal work he did for Hannity.
On his radio show, Hannity said Cohen was never involved in any matter between him and any third party.
“Michael never represented me in any matter,” Hannity said. “I never retained him in any traditional sense. I never received an invoice. I never paid a legal fee. I had brief discussions with him about legal questions where I wanted his input and perspective.”
He later said on Twitter the legal advice he got from Cohen was “almost exclusively about real estate.”
Hannity addressed the controversy twice during his television show on Monday night, brushing off criticism from lawyer Alan Dershowitz, who told him: “You should have disclosed your relationship with Cohen when you talked about him on the show.”
Hannity replied that the relationship was minimal and that he had a right to privacy.
The Fox News Channel prime-time host is Trump’s most vocal defender on television, and a week ago he was on the air criticizing the FBI raid on the Cohen as evidence that Special Counsel Robert Mueller’s “witch hunt” against the president has become a runaway train.
After it was revealed in court that Cohen represented Hannity, Fox News did not say whether it knew that ahead of time, or whether Hannity had any ethical obligation to reveal that relationship to viewers.
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