Friday, August 24, 2018

Why Manafort and Cohen Thought They’d Get Away With It

The Southern District of New York, to which Mr. Mueller referred the Cohen case, raided the offices of Mr. Cohen, President Trump's former attorney, and fought for access to the materials, even as Mr. Cohen asserted attorney-client privilege.

All the battles over privileged materials happen behind closed doors and without the benefit of a disinterested special master, as the Cohen case had.Indeed it's worse than that.

Imagine if Mr. Mueller relied on Mr. Trump to investigate whether he colluded with the Russians or violated any other laws, and Mr. Trump hired Rudy Giuliani's firm to do the inquiry.

The aggressive Mueller techniques have yielded the most crucial element for white-collar cases: flippers - wrongdoers who agree to testify against their co-conspirators.

Mr. Mueller's experience has given him the courage to take cases to trial, where juries are mercurial and the federal bench has turned hostile.

Mr. Mueller's prosecutors tried a "Thin case" against Mr. Manafort, as the expression goes, boiling their evidence down to a few elements that the jury could easily absorb.

Good prosecutors are used to that in white-collar cases.

https://www.nytimes.com/2018/08/24/sunday-review/manafort-cohen-mueller-white-collar-crime.html 

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