Manhattan Criminal Court — Donald Trump's attorney was schooled on the law by the former president's ex-attorney Michael Cohen as he sat in the witness box during his cross-examination Thursday.
Cohen delivered his lesson to attorney Todd Blanche, the lead defender in Trump's criminal hush money case, as the two discussed conversations that Trump's former fixer had recorded.
Blanche took a stern tone when he demanded to know if Cohen had informed those he recorded of that fact, and appeared astounded when Cohen said he had not.
But Cohen remained calm as he said into the microphone, "It’s not illegal in New York."
New York allows "one-party consent," which allows anyone participating in a conversation to legally record it without informing other parties.
This check did not stop Blanche from pushing Cohen on recorded conversations he shared with reporters such as New York Times Maggie Haberman and with clients who Blanche argued were unilaterally protected by privilege.
When Blanche asked if there were any exceptions to attorney-client confidentiality, Cohen yet again had an answer: the rule that mandates lawyers to disclose conversations — advice for example — that would contribute to criminal activity.
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Blanche sputtered a question asking incredulously if Cohen was claiming to have relied on this exception. Again, Cohen was calm.
"You asked if there were exceptions," a deadpan Cohen replied. "And I said 'Yes, the crime-fraud exception."
This exchange occurred on the second day of Cohen's courtroom battle with Blanche in the Manhattan criminal courtroom where Trump stands accused of falsifying business records to conceal hush money paid to adult film star Stormy Daniels.
Trump pleaded not guilty, denies an affair with Daniels and contends he is the victim of a political witch hunt, without evidence.
Blanche had a rocky start Thursday morning that saw his request to consult Judge Juan Merchan swiftly shut down with a resounding "No."
His jab at members of Congress fell flat, and in front of several Republican House members who came to the New York City courtroom to back up Trump.
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The morning's session also saw Merchan sternly order Blanche to fix a problem raised by prosecutor Josh Steinglass that Blanche had unfairly suggested Cohen was engaged in improper conduct tied to the District Attorney's criminal indictment.
