Clients are once again warned about unethical prosecutors in the wake of the raid on Attorney Michael Cohen’s offices.
Attorney-client privilege and confidentiality are the oldest recognized privileges, dating back to 17th Century England. According to the United States Supreme Court, the assurance of confidentiality encourages clients to provide “full and frank” information to their lawyers, who are then able to provide candid advice on how clients may conform their conduct to the law.
The DOJ has undermined this centuries-old tradition and thwarted politicians’ attempts to obtain quality legal advice and ensure good government.
As Lavrentiy Beria (the Soviet counterpart to J. Edgar Hoover) said, “show me the man, and I’ll show you the crime.” Given the ease with which a grand jury will indict the proverbial ham sandwich, these tactics are not only unethical, they are strikingly ineffective.
For nearly a year, these investigations have monopolized resources needed for counterterror, counterintelligence, or enhanced background checks necessary to prevent school shootings. Sloppy case management and myopia continue to squander precious investigative time.
Any prosecutor can put any witness in a position where they either look stupid or lie (sometimes both). Now that prosecutors have shown bad faith, Trump should refuse to cooperate with this blunderbuss fishing expedition.