Trump's Lawyer, Michael Cohen, Reveals His Secret Client is Sean Hannity; Judge Orders Government to Turn Over Materials to Cohen's Legal Team
ANDERSON COOPER, CNN HOST: Good evening. Thanks for joining us. Today, an adult film actress was in a courtroom. The lawyer for the president of the United States, a lawyer who paid to keep her quiet about an alleged affair with that president and that wasn't the bombshell in the hearing, not even close. At the hearing in New York, the judge decided whether the president and Michael Cohen's legal teams will get to review files seized by the FBI before prosecutors do. More in that a moment. But also, that was not the bombshell. The most stunning moment probably came when Michael Cohen was forced to reveal the identity of a mystery client whose name he tried to keep quiet and that client is Fox News host Sean Hannity. So, it would seem the president and Sean Hannity share more than dinners and frequent phone calls in a mutual love of Fox News programming. They also share an attorney. This did not come out willingly in court. Cohen's attorney said the client had asked not to have their name revealed. The judge said that wasn't a good enough reason to keep the name concealed, ordered Cohen's lawyers to reveal the name and that name as I said was Sean Hannity. So, Michael Cohen's clients that we know of, the president, former RNC official Elliott Broidy who paid off a woman he had an affair with which led to an abortion, and Sean Hannity of Fox News. Here's the way Sean Hannity explained it on his radio show after the news broke, after Michael Cohen's legal team said explicitly in court, Sean Hannity is Michael Cohen's client.</s>SEAN HANNITY, FOX NEWS HOST: I've known Michael a long, long time; and let me be very clear to the media: Michael never represented me in any matter. I never retained him in the in the traditional sense as retaining a lawyer. I never received an invoice from Michael. I never paid legal fees to Michael. But I have occasionally had brief discussions with him about legal questions about which I wanted his input and perspective and I assume that those conversations were attorney-client confidential.</s>COOPER: So, he seems to be saying I was not really a client of attorney Michael Cohen's but our conversations are confidential because he is an attorney and I am his client. Now, regardless of the exact nature of their attorney-client relationship, even if it is as Hannity says on Twitter almost exclusively about real estate, let's not forget that one week ago today, there was a raid on Michael Cohen's office and Hannity reported on it on Fox News as if he had absolutely no connection to the story.</s>HANNITY: This is a Fox News alert. President Trump's longtime personal attorney Michael Cohen just had his office, his home and his hotel that he was staying in raided by the FBI today in an early morning raid. Now, what that means as Mueller's witch-hunt investigation is now a runaway train that is clearly careening off the tracks.</s>COOPER: So, no disclosure, no disclaimer, not even the casual mention that, oh, yes, this guy also represents me in some form or fashion, mostly real estate, no mention of that, that he passes along for your legal advice and private consultations. Sean Hannity also talks about it on his radio show.</s>HANNITY: This opens up an area where it seems that there's no -- there's no limit at all into the fishing expedition that Mueller is now engaged in. And if he has access to everything that his personal attorney has, I can only imagine where that's going to lead.</s>COOPER: He could definitely imagine at least one place where it might lead, to his own name. Sean Hannity is already starting to fuss and fume that the media is going crazy with this and it says that there's no there there. Perhaps there isn't but not disclosing a business or legal relationship with someone you report on and have had as on your guests at least 16 times since the president -- since Donald Trump declared his candidacy, that doesn't sound either fair, nor balanced. CNN Crime and Justice Reporter, Shimon Prokupecz was in the courtroom today. He joins us now. So, talk about the first of all the judge's ruling today.</s>SHIMON PROKUPECZ, CNN CRIME AND JUSTICE REPORTER: So, essentially, it was a small victory I would say perhaps for Michael Cohen and his legal team there. Their whole point in filing this motion was to be able to review the materials that the FBI seized the week ago and they wanted to review it. They wanted to have an opportunity to discuss about what is privileged and what the government should not have access to. So, today, the judge ordered prosecutors, the government here to turn over, to make copies of various documents, some 10 boxes, it was revealed today, in court of the FBI now has with material that they seized from Michael Cohen, electronic devices and hard drives. And all of that now has to be copied and hand it over to Michael Cohen's attorneys. So, is it clear based on what happened in court today whether or not Sean Hannity actually is Michael Cohen's client?</s>PROKUPECZ: Well, much like everything else since Friday with this hearing, it's been a little confusing because for since Friday, the judge has been saying to Michael Cohen and his attorneys, tell us who Michael cone represents and there's always been this blurred line and I think this goes to the argument that prosecutors have been making that Michael Cohen has these interesting relationships with people that aren't necessarily people he's representing. It's there's just this vague sort of line here that prosecutors say does not always mean that these people are his clients. Sean Hannity, as you as you played earlier, denied that he -- that Michael Cohen represented him. But Michael Cohen's attorneys used the argument that Michael Cohen was his attorney and, therefore, should not release who this third client was that wound up being Sean Hannity. Certainly, Anderson, I can tell you, you know, having been in this courtroom when that happened, it was a stunning moment. I mean, there was just the audience, people sitting around the courtroom, the reaction was quite audible and many folks were certainly, certainly shocked after the judge ordered him to release the name of this client, Anderson.</s>COOPER: So, just what does the ruling mean in terms in the investigation moving forward? It certainly seems to be a delay, yes?</s>PROKUPECZ: Yes, absolutely, Anderson. This is definitely a delay. The prosecutors did not want this. They've been arguing since Friday that this was stall tactic by Michael Cohen and his attorney, by the president's attorneys who have now intervened, who also want to view this material. So, this prevents the investigators from looking at any of the information, any of the documents that were seized in the raid. It's now up to a taint team that is run by the government that has no access to the investigation, to go over some of the materials that are going to be provided to Michael Cohen's attorneys. But in terms of the investigation, in terms of this material that was seized, the investigators will not have access for it until the judge decides what they should look at Anderson.</s>COOPER: All right. Shimon Prokupecz, thanks. Lots to sort out. Joining me now, Gloria Borger, Anne Milgram and David Axelrod. None of whom have ever -- I have ever consulted with for private legal advice or free legal advice, nor real estate advice. So, Anne, we'll get to the Sean Hannity thing in a moment. But just the substance of the hearing, who's happier tonight, the Michael Cohen, President Trump's team, or Stormy Daniels?</s>ANNE MILGRAM, FORMER FEDERAL PROSECUTOR: I think -- I do think it's a mix, but I think -- I wouldn't classify it as a win for Michael Cohen and the president. I mean, they're asked -- their first ask was really, let us decide what's privileged and what isn't, give us all the information back, let us go through it and then we'll give to the government what we don't think is privileged. The judge said absolutely no to that. And so, the government -- what the government wants is the ability for their taint team to review all the materials and then push out anything that is questionable to debate with the lawyers for Michael Cohen and the president. And what Michael Cohen's lawyer said is, OK, if you won't give it all to us, appoint a special master which would be an independent third party, that would go through all of it.</s>COOPER: Instead of the taint team.</s>MILGRAM: Instead of the taint team. And the challenge for the government with that is that and, look, I think -- it's clear in a case like this that nothing that's attorney- client privilege is going to be reviewed by the investigators. The question is how they get there, and the government does do this regularly. The question is, will the judge defer to the government as would normally be the case or which he appoint a special master? The issue with the special master really becomes one of timing, that it tends to take longer and puts a little bit more delay, but I think that's what she's weighing now and she hasn't decided that yet.</s>COOPER: So, she hasn't decided who the special master is?</s>MILGRAM: She hasn't decided whether for certain, she'll do a special master. But she asked to have four names given from each side, and that's an indication that she's seriously considering it. And so, the lawyers have said that they'll provide those names to her tomorrow.</s>COOPER: Who would normally be like a former judge or something?</s>MILGRAM: A former judge, a former attorney general, former prosecutor or someone who might have been a U.S. attorney, but someone who would be a very well-respected lawyer.</s>COOPER: Gloria, I mean, the longer that the Cohen's team can run out the clock on this process, does it take some of the pressure off him to cooperate with the government, whether it's federal prosecutors or Manhattan or potentially a special counsel?</s>GLORIA BORGER, CNN CHIEF POLITICAL ANALYST: Well, you know, it might because it's significant for them to get judicial review and that could obviously, if you've just been talking about take longer, but I was speaking with a source today, a legal source who's close to this case who said, look, the reason they got this search warrant in the first place leads you to believe that they -- they're close to something. And so, we don't know that what they are looking for was key evidence that they need in order to complete their case against Michael Cohen or whether it's confirming evidence that they would just have liked. So, if they were close and they wanted to just secure this evidence as additional evidence, then maybe they can go -- you know, they can do whatever they wanted to do with Michael Cohen in the first place without waiting for all of this, that they could continue to move. On the other hand, if they felt that they needed this evidence to indict say, then it will take longer and then it will help, you know, then it will help Michael cone because this is a process and, of course, they have the opportunity during this process to appeal.</s>COOPER: David, I mean as for the Sean Hannity revelation, he says he wasn't Michael Cohen's client in the, quote/unquote, traditional sense. Do you have any idea what that means?</s>DAVID AXELROD, CNN SENIOR POLITICAL COMMENTATOR: No. First of all, my instinct when I heard this was that somewhere, there's a "Scandal" writer or TV writer or "House of Cards" writers slapping their head and saying, why didn't I think of this? I mean, it is so unbelievable, this twist of the plot. But I don't know what it could be. And, obviously, the fact that they said he was a client and he'd be -- he was embarrassed to have his name released I think was telling. If I were Hannity, I'd be embarrassed as well having gone off on the rampage he did about this Cohen business without revealing that he was in file. Now, Sean Hannity is not at the end at the end of the day, a journalist. He's not a reporter. He's an infotainer. And so, perhaps, he doesn't hold himself to those standards. But can you imagine how the folks on Fox would have howled, Anderson, if you, for example, had shown up as a as a client in a situation like this? So, you know, I think it's a sticky wicket. And if he's not a client, why did his lawyers say he was? So, it raises all kinds of questions.</s>COOPER: Yes. Anne, I mean, if you're not a -- if you haven't paid somebody and you've consulted them for advice Sean Hannity claims about real estate primarily, although I don't know what that it means exactly, what the other stuff would have been, can you -- can you automatically say it's privileged?</s>MILGRAM: Well, you can still be a client even if you haven't paid a lawyer yet, and sometimes you get advice and will pay later. Sometimes you don't pay. But the real question is, were you asking for legal advice and guidance. And then the second piece of this is always that, you know, Sean Hannity had this conversation with Michael Cohen and somebody else was in the room, then it's not privileged. You know, if they were talking about committing a crime, for example, or engaging in criminal behavior, fraud, it's not privileged. So, it really does come down to this question about --</s>COOPER: But he's asking about some real estate deal.</s>MILGRAM: Sure, you know --</s>COOPER: If it's a business deal --</s>MILGRAM: If it's a business deal, then it's not legal advice, right? You could be on either side of that. And so, I think, you know, if it's for legal advice, look how should I structure -- you know, how would you think about this legal arrangement, then that could be attorney-client related.</s>BORGER: Right.</s>COOPER: Gloria, I mean, Hannity's I get -- you know, he's not a journalist certainly. He's essentially at this point a shadow spokesman for the president. I guess, though, I will say I'm even surprised that he would not -- you know, just to inform his viewers in the some 16 times that Michael Cohen has been on that we counted since Donald Trump announced a candidacy, that he would not at least say, you know what, I've consulted Michael Cohen for advice over the years --</s>BORGER: Sure.</s>COOPER: -- on real estate stuff.</s>BORGER: Right. You know, you would expect -- you would expect that someone would do that and say, you know, in the interest of full disclosure, I've gone to Michael Cohen for advice informally over the years about real estate. That didn't happen. You point out he's not really -- he's not really a journalist and, you know, my sources say to me, look, he didn't 2specifically when he was having these conversations with Michael Cohen, he didn't specifically say, oh, this is covered under attorney- client because it was so informal, that it wouldn't need to be said. But at this point, at this point, it's very clear when you look at the court proceedings that Hannity expects it and didn't want his name mentioned, you know, even mentioned today. And I think there's a sense that Michael Cohen kind of threw Sean Hannity under the bus here.</s>COOPER: Well it also, David, it's interesting to me because you know, for -- if that -- if Sean Hannity is one of his three clients in the last 10 years, that says a lot about what he's doing for President Trump. I mean, the second client was this -- you know, this RNC guy, you know, this Republican donor Elliott Broidy, you know, and with the hush payment to a former, you know, playmate I think it was or a Playboy model or penthouse model, I get them confused -- playmate I'm told -- it does seem to then be really his client is Donald Trump.</s>AXELROD: Right, and I don't think that Michael Cohen has been spending late nights rifling through legal documents and journals and catacells (ph). He is -- you know, he is what he has been advertised to be, he is a fixer and he has been Donald Trump's fixer for the last so many years. And I think what the government is arguing and would know better than I is that he really is bet hardly a lawyer at all, that much of what he does has nothing to do with law in the traditional sense. He's out there and he's fixing stuff.</s>COOPER: Yes.</s>AXELROD: And so, I think that's why they feel like the privilege doesn't apply too much of the material that they have gathered on it.</s>COOPER: Yes, it's fascinating day. Gloria Borger, Anne Milgram and David Axelrod, thanks. Up next, Hannity, Cohen and the president, the love that dare not speak its name. The president pushes his TV program, the TV host pushes the president, and Michael Cohen seems to whisper in both their ears. Details than that. Plus, Stormy Daniels was in court today. You'll hear what she had to say and I'll speak with her lawyer Michael Avenatti. Stick around.