Trump Lawyer Appears In Court Over FBI Raid Seizures; Cohen's Mystery Client Raveled As Sean Hannity
HALA GORANI, CNN INTERNATIONAL ANCHOR: Hello, everyone. We are live from Paris on this Monday. I'm Hala Gorani. Tonight, the president's long time personal attorney in court. We will have the very latest from New York. Michael Cohen, there he is entering the court house facing a judge today. Also, Comey tells all. The former FBI director says Donald Trump is not morally fit to be president. And British and French parliaments are debating Syria today, but the debate is coming after the air strikes. We'll have the latest on that. Right now, Donald Trump's longtime lawyer and friend, Michael Cohen, finds himself in a Manhattan courtroom. A federal judge is trying to decide on what to do with the materials that the FBI seized from Cohen's home, office and a hotel room in a raid last week. The president's lawyers are fighting to keep the Cohen files out of investigators hands to allow the president to determine which documents can permanently be withheld because of attorney/client privilege. Adding to the tension, the arrival today of porn star, Stormy Daniels at the court. There she is wearing pink ensemble. She says Cohen paid her $130,000 to keep quiet about an affair she had with Donald Trump in 2006. Let's bring in CNN legal analyst to look into all of this. Now, one of the urgent that just flashed on my phone, Joey Jackson, is that Michael Cohen disclosed in court that the client who requested to remain unnamed was Sean Hannity who is a Fox News presenter and provocateur and I guess, their whole argument is that Michael Cohen has other clients and they should benefit from attorney/client privilege here.</s>JOEY JACKSON, CNN LEGAL ANALYST: You know, and that may very well be a viable argument. Good to see you as always. It depends on what the client list looks like. Remember what happened on Friday. They are making that argument, which is a very good argument, that we should not be ordered to turn over information. Well, they have the information already, but that the information they have should not be used if it's privileged. That's true. Attorneys have a privilege where you sitdown and in the event that you establish an attorney-client relationship, because you want, lawyers do, want clients to be candid, to be truthful, to give all information, that's protected. No one ever gets to hear that and so, I understand, and I get the argument. The further argument, Hala, is that (inaudible) we don't rely upon them and how could we rely upon them, they're full of prosecutors. And while they may not be directly related to the investigation, how will you trust them, maybe a special master should be appointed as a defense of arguments to evaluate this information or maybe you judge should look at it in camera. But I get and understand why Sean Hannity or any other client who doesn't to have his stature or notoriety would not want to be outed on a client list. So, they will make the argument before the judge. The judge will determine whether, A, attorney/client privilege attaches, B, whether there were any exceptions here to that attorney-client privilege and, C, if so, whether this government gets to use this information or whether they don't. That's the essence of this hearing.</s>GORANI: So, the judge needs to decide whether or not this material seize can be fully used in the investigation into Michael Cohen. Michael Cohen is under criminal investigation. So, the judge is making that decision based on what exactly?</s>JACKSON: Well, what happens -- that's absolutely right. The judge is determining whether the information that the government seized when they had a warrant that was lawfully obtained, right. It was signed off on. But now that you have the warrant and you go and you exercise as hotel and his home and his office and his lock boxes, whether if that's privileged, it should not come in or should not, you know, should have come in or should be excluded. And so, when you are under criminal investigation and the government wants to use information against you, it should not be information that otherwise they should not have. Remember this, although the criminal investigation at this point we know is federal in nature, right, and that's significant. And I mentioned it because the president has something called a pardon power, which he can wave a wand and absolve you of all sin. Still I believe Michael Cohen could have a problem because a lot of what he is charged with, Hala, could be charged as state crimes by the Manhattan attorney's office or by the state attorney general.</s>GORANI: That the president cannot pardon. The president cannot pardon someone who is convicted on state charges. What about Stormy? What was she doing?</s>JACKSON: I think that's more or less a side show. That's symbolic in nature. Remember how we got to this point, how we got to this point is the fact that there was this agreement. Stormy Daniels, of course, someone who is alleged to have been involved with the president sexually. There's this hush agreement wherein she can't share anything regarding her relationship with the president. She's paid $130,000 in order to be quiet. Then the president says, I don't know who she is, didn't have an affair with her. Don't know what you are talking about. So, she's just there because this, of course, started as a result of her. Michael Avenatti, her attorney being very aggressive is there to demonstrate to the president, I mean business and we want to be heard. And so, she just there, she won't be asked questions. She's not a part of this hearing. I think it's symbolic to let the president know that we're on your case.</s>GORANI: How does it change things that we now have the name of other Michael Cohen clients such as Fox News' Sean Hannity.</s>JACKSON: Well, we don't know how it changes things yet and simply because Sean Hannity was on the list, it doesn't necessarily mean that he qualifies as a client. Now, let me be clear. You can be a client to a lawyer, but maybe it is that, you know, it's not a privileged communication. They are trying to establish privileged communications, right? Those are the things that should be exempted from view. If you have a business dealing with someone that's outside of attorney/client privilege, that's not protected. If you are acting on someone's capacity, but it's not really as a lawyer relationship, it's simply as an associate, that's not protected. So, we don't know yet. I think the judge will examine the list of people that Michael Cohen is dealing with. Can we classify that list as a client/attorney relationship? Number three, what's the nature of the communication between you and that client for which they should be privileged? And if any exemptions to the privilege apply, we know that there are a number of exemptions. One being crime fraud in the event that you engage in any criminality or have a discussion about criminality, Hala, with a client, guess what, that doesn't receive the protection of privilege and the government can freely use that at will.</s>GORANI: But lastly, what about communication between Michael Cohen and his longtime client, the president of the United States, Donald Trump? What about all of that material that may have been seized by the FBI?</s>JACKSON: Yes, I mean, that's -- obviously, that's very significant. The FBI is going to be evaluating what if any communication was there. But remember, that in and of itself is not necessarily privileged, right? If he was having conversations with the president, was it in the context of an attorney/client relationship? And remember what the end game is here, Hala. Regardless of what communications he had with Trump and what were they and what was it about and were they legal, were they illegal, what were they doing, remember the end game. If you squeeze Cohen and find out things he was involved in of the illegal variety -- say if the FBI has nothing in their seizure here that relates to any crime as it relates to the president, there may be other things Cohen knows. The end game is to charge him and then offer him some type of immunity so that he can talk regarding the president and what he knows. Again, generally speaking, he would say, I'm not talking to you. I have nothing to say because I'm going to get a presidential pardon Goes back to what we said before, though, if there are state crimes involved, Manhattan District attorney's office or the state attorney general, now he has real exposure. I'm interested to know what deals if any would be cut with the Manhattan DA's Office or the state attorney general, my former office. The reality is if they want him to talk, they will come up with ways and offers to give him to talk. When you have a family, when you are facing jeopardy, believe me, could you be loyal all you want, but when you look at years in jail if there's criminality, people -- more people talk than don't talk. I tell that to you as a defense attorney and former prosecutor. That's the reality.</s>GORANI: Well, you have experience in that -- you have experience in that domain. Joey Jackson, thanks very much. Obviously, a reminder of how absolutely unusual this is here with the FBI conducting a raid in the office and home of an attorney of the president of the United States, no less. While, the president and his legal advisers have one eye on that courtroom in New York, the are watching the former director of the FBI with the other. James Comey was interviewed on national at television on Sunday, delivering a blistering rebuke of President Trump. He's on a book tour. He is speaking to journalists. His first appearance was this weekend. Here is CNN's Kaitlan Collins with a wrap-up.</s>JAMES COMEY, FORMER FBI DIRECTOR: I don't think he is medically unfit to be president. He is morally unfit.</s>KAITLAN COLLINS, CNN WHITE HOUSE REPORTER (voice-over): Fired FBI Director James Comey unleashing a scathing criticism of President Trump's character. Blasting him unfit for office and a stain on those around him.</s>COMEY: A person who sees morally equivalence in Charlottesville, who talks about and treats women like they are pieces of meat, who lies constantly about matters big and small, and insists the American people believe it. That person is not fit to be president of the United States on moral grounds.</s>COLLINS: In his first interview since the president fired him last May, Comey reveals he thinks the president might be vulnerable to Russian blackmail.</s>UNIDENTIFIED MALE: Do you think the Russians have something on Donald Trump?</s>COMEY: It strikes me as unlikely. I would say with high confidence with any other president I dealt with, but I can't. It's possible.</s>COLLINS: Comey reflecting on the February meeting when he says President Trump asked him to drop the investigation his former national security adviser, Michael Flynn.</s>UNIDENTIFIED MALE: Why didn't you say I can't discuss this? You are doing something improper.</s>COMEY: Maybe, although, he didn't know he was doing something improper. Why did he kick out the attorney general and the vice president of the United States and the leaders of the intelligence community, and why am I alone if he doesn't know the nature of the request?</s>COLLINS: Trump denies he made the request, but Comey believes it bears weight in Special Counsel Robert Mueller's investigation.</s>UNIDENTIFIED MALE: Was President Trump obstructing justice?</s>COMEY: Possibly. It's certainly some evidence of obstruction of Justice.</s>UNIDENTIFIED MALE: What will it mean if President Trump tries to fire Robert Mueller?</s>COMEY: It would, I hope, set off alarm bells, that this is his most serious attack yet on the rule of law.</s>COLLINS: But when asked whether Mr. Trump should be impeached?</s>COMEY: I hope not because I think impeaching and removing Donald Trump from office would let the American people off the hook. People in this country need to stand up and go to the voting booth and vote their values. Impeachment in a way would short circuit that.</s>COLLINS: Comey comparing the behavior the president's behavior to that of a mob boss saying he repeatedly demanded loyalty, most notably at a one-on- one dinner.</s>COMEY: He said I expect loyalty. I need loyalty. I just stared at him and this narrative with myself inside saying don't you move. Don't you dare move. Don't even blink.</s>UNIDENTIFIED MALE: Why not say no?</s>COMEY: I think because I was caught totally by surprise.</s>COLLINS: Trump denies he ever said that. Comey says President Trump dominated the conversation talking about himself whole time.</s>COMEY: Constant series of assertions about the inauguration crowd. His crowd was bigger than that of Barack Obama's first inauguration. That is not true. That is not a perspective, view. That is just a lie.</s>UNIDENTIFIED MALE: So, you are listening, are you thinking President Trump is a liar?</s>COMEY: Yes.</s>COLLINS: Comey recalling his infamous handshake from Trump in the White House shortly after the inauguration. He says even his family knew how uncomfortable he was.</s>COMEY: I know that is my "Oh, no" face.</s>UNIDENTIFIED MALE: But that's not exactly (inaudible).</s>COMEY: I don't want to say that on television.</s>COLLINS: Comey revealing how he felt when he discovered he had been fired.</s>COMEY: I don't remember being angry. I thought it was crazy to fire me. I'm leading the investigation of Russian influence and particularly whether anyone in the Trump orbit coordinated and conspired with the Russians. That makes no sense at all.</s>COLLINS: Comey also reflecting on his controversial decision to inform Congress that he was reopening the Hillary Clinton e-mail investigation just days before the election.</s>UNIDENTIFIED MALE: What was it like to be James Comey in the last ten days of that campaign after you sent the letter?</s>COMEY: It sucked. I walked around vaguely sick to my stomach and feeling beaten down. I felt I was totally alone and everybody hated me. There wasn't a way out because it really was the right thing to do.</s>COLLINS: But the fired FBI director adamantly defending his handling of the Clinton probe.</s>UNIDENTIFIED MALE: If you knew that letter would have elected Donald Trump, you would have still sent it?</s>COMEY: I would. Down that path lies the death of the FBI as an independent force to the American life. If I ever start considering whose political fortunes affected by a decision, we're done.</s>GORANI: And that was a wrap-up of the James Comey interview which aired live on American television on Sunday evening. For the White House reaction to James Comey's interview, let's bring in CNN's Jeremy Diamond. We've heard quite a bit from the White House following this -- Jeremy.</s>JEREMY DIAMOND, CNN WHITE HOUSE REPORTER: That's right we have. We even heard from the president before the interview actually aired with the president taking to Twitter to issue a sort of pre-buttal to James Comey's assertions. His book has been reported on now for several days. And last night, we heard from James Comey with some of, you know, rehashing some of these allegations that he has made against the president, including his claim that he believes that there was obstruction of justice or at least evidence -- possible evidence of obstruction of justice when the president asked James Comey to let go of the Michael Flynn investigation. We saw the president this morning again taking to Twitter to continue to criticize James Comey. That was it we saw that one tweet from the president this morning. Most of the folks who are close to the president, close to this White House believe that there could still be more to come from President Trump on James Comey. We know, of course, that he has repeatedly been angered by the FBI director's public assertions of the two of them and clearly the president may have more to say on this front. For now, though, most of the response has been handled by outside surrogates also White House Advisor Kellyanne Conway calling James Comey a spin artist. And the Republican National Committee has already launched a website calling James Comey a liar.</s>GORANI: Just quick one on the Michael Cohen court appearance. How much is the president paying attention to that? This is his personal attorney. He's is in a situation he needs lawyers. His home and office were raided by the FBI. Is the president concerned at all?</s>DIAMOND: Well, we know that the president has been extremely angered by this FBI raid on Michael Cohen's personal office, hotel room, the president suggesting that it was an attack on our country just last week with some pretty fiery language. But we also know that his lawyers are concerned about this probe, which was referred by the special counsel, but is being handled by U.S. attorneys in New York. So clearly, there could be some damaging information uncovered here. What's important to note is not every communication between the president and his personal attorney, Michael Cohen, would necessarily fall under that attorney/client privilege. It would only be certain communications when it's about legal advice, when it's about advising him on specific matters. But there could be other communications, other documents that would be caught up in this, which have been a cause for concern for the president and his team of attorneys.</s>GORANI: All right. A lot of this to worry about, be concerned about and pay attention to at the White House in the last few days. Jeremy Diamond, thanks very much, reporting live from Washington, D.C. Still to come tonight, the British prime minister is defending her decision to strike Syria. Anger here, in France, too, over why President Macron authorized action without consulting lawmakers. We'll have that story coming up next.