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Speaker 1: Well, that was time for our daily Bloomberg Law Breefe,

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Speaker 1: exploring legal issues and the news. It's brought to you

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Speaker 1: by American Arbitration Association, International Trade or Business Dispute Resolve

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Speaker 1: Faster with the International Center for a Dispute Resolution, the

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Speaker 1: leader in alternative dispute resolution around the world i c

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Speaker 1: d R dot org. Today Bloomberg lahos, Jon Grasso and

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Speaker 1: Michael Best discussed why President Trump's personal lawyer, Michael Cohen,

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Speaker 1: is refusing to cooperate with House and sented investigations into

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Speaker 1: Russian interference in the presidential election. They speak with Andrew Wright,

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Speaker 1: a professor at the Savannah Law School, and Renato Mariotta,

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Speaker 1: a partner at Thompson Coburn Renato. Why would the investigators

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Speaker 1: be interested in talking to the president's personal getting information

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Speaker 1: from the president's personal attorney. Well, then attorney's communications with

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Speaker 1: his clients are privileged. But when the attorney is not

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Speaker 1: acting as a lawyer, his actions are judged just like

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Speaker 1: anyone else's actions. So, for example, there have been press

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Speaker 1: reports that that Mr Cohen was communicating with the Russians

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Speaker 1: on his own, was actually traveling overseas and having meetings.

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Speaker 1: I believe there was a report about a meeting in Prague.

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Speaker 1: If hypothetically an attorney who was having a meeting with

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Speaker 1: foreign officials, um, you know that meeting would not be privileged. All.

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Speaker 1: The only privileged communications would be the communications and Mr

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Speaker 1: Cohen would have with this client, the President. So you

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Speaker 1: know Mr Cohen would be would be investigated just like

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Speaker 1: any other individual who's having contacts with foreign government. If

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Speaker 1: he is subpoena, which it seems likely, and he testifies

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Speaker 1: that he is going to be invoking that privilege, and

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Speaker 1: there's going to have to be a decision made as

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Speaker 1: to whether or not it applies. He's going to say

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Speaker 1: that's based on conversations I had with my client, and

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Speaker 1: off we go. Yeah. Well, so if he receives the subpoena,

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Speaker 1: it'll first of all depend on the scope of the subpoena.

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Speaker 1: And if the scope of that subpoena reaches his communications

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Speaker 1: with his client, and this issue is present it Now,

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Speaker 1: let's say he wanted to assert attorney client privilege on

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Speaker 1: behalf of his client, President Donald J. Trump, he would

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Speaker 1: have to establish votes sort of for each document that

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Speaker 1: was within the scope of the subpoena. What the basis

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Speaker 1: is for withholding that. So first point is it's a

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Speaker 1: document by document level analysis. Um, the courts have just

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Speaker 1: held this the dispute with Air Colder and Lynch about

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Speaker 1: Operation Fast and Furious. And the second fact is that

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Speaker 1: he is going to have to present that to the

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Speaker 1: chair of the committee. So the House chair House Intelligence

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Speaker 1: Committee chair will be the one who makes the initial

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Speaker 1: legal ruling as to the applicability of the privilege to

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Speaker 1: his his conversations with his client. And so of course

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Speaker 1: since the committee has one asking for those documents, unlike

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Speaker 1: a court where it's the prosecutor or the grand jury

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Speaker 1: asking for the documents and the judge decides. Here it's

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Speaker 1: the same person it's requesting and subpoena and documents that

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Speaker 1: makes the initial legal ruling. That's Andrew Right, a professor

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Speaker 1: at a Savannah law school, and Renato Mariotti, a partner

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Speaker 1: at Thompson Cockburn, speking at the Bloomberg Law host room,

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Speaker 1: Grosso and Michael Best. You can listen to Bloomberg Law

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Speaker 1: weekdays at one pm Wall Street Time here on Bloomberg

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Speaker 1: Radio and among the top legal stories from Bloomberg Law

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Speaker 1: in New York, The CEO of national event company has

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Speaker 1: been charged with scamming investors of more than seventy million dollars.

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Speaker 1: Jason nisson was accused of raising cash by falsely telling

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Speaker 1: investors he'd used their money to buy and resell quantities

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Speaker 1: of tickets or events such as the Super Bowl, and

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Speaker 1: they hit Musical Hamilton's instead. Prosecutors say Nissen use the

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Speaker 1: fresh cash to repay earlier investors and s this morning's

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Speaker 1: Bloomberg labrary. If you can find more legal news at

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Speaker 1: Bloomberg law dot com and Bloomberg BNA dot com. Attorneys

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Speaker 1: will find exceptional legal research and business development tools there

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