Wednesday, July 25, 2018

12 audio files sent to prosecutors in Michael Cohen probe

A dozen audio recordings seized by the FBI from President Donald Trump's former lawyer, Michael Cohen, were forwarded to federal prosecutors after lawyers dropped challenges on attorney-client privilege grounds, a former judge revealed Monday. The recordings were among millions of files taken from Cohen in April as part of a criminal probe of his business practices. Barbara Jones, a court-appointed lawyer and former Manhattan federal judge helping to decide which of the seized files are protected by privilege, said in a court filing that prosecutors received the recordings on Friday after attorneys for Trump, Cohen and the Trump Organization dropped privilege claims. The same day, Trump attorney Rudy Giuliani said Cohen had recorded a conversation in which the president had discussed a potential payment to squash the story of a former Playboy model who said she had an affair with Trump. Giuliani said the brief recording shows Trump did nothing wrong. "The transaction that Michael is talking about on the tape never took place, but what's important is: If it did take place, the president said it has to be done correctly and it has to be done by check" to keep a proper record of it, Giuliani said. In a weekend tweet, Trump called Cohen's practice of recording conversations "totally unheard of & perhaps illegal." Attorney Lanny Davis, speaking on Cohen's behalf, has said what is on the tape will not harm Cohen. Jones has been providing periodic updates on the privilege review of over four million items, mostly electronic, that were found on numerous computer storage devices and cellular phones seized from Cohen.

Top court: Social media posts violate no-contact order

Social media posts can represent a violation of a protection order, the state's highest court ruled on Tuesday, affirming the conviction of a man who made threats on Facebook. The Maine Supreme Judicial Court rejected Richard Heffron III's arguments that his Facebook comments were a protected form of speech, that the posts didn't constitute direct or indirect contact, and that he wasn't told that his posts represented a violation. In its ruling, the court concluded Heffron's social media comments violated the court-approved no-contact order and were outside the realm of constitutional protections. "The court correctly determined that Heffron's communications with the protected person fell short of those that deserve constitutional protection," Justice Jeffrey Hjelm wrote, noting that the conviction "did not place his First Amendment rights at risk." Heffron and the woman with whom he'd had a relationship were no longer Facebook friends but still had friends in common. In the posts, Heffron referred to the woman by name and threatened to harm her. A friend brought the comments to the woman's attention. James Mason, Heffron's attorney, said courts in other states have reached different conclusions but that the facts didn't perfectly align with the Maine case. "Obviously I'm disappointed," Mason said. "I think that there was no evidence that he ever intended to have these comments reach her." After being convicted, Heffron was ordered to serve 21 days in jail, which was the length of time he was jailed before posting bail. He also was sentenced to a year of probation. Mason said the ruling served as a cautionary tale. "It lets people know that they do need to be careful about what they post on the internet," he said. "It makes it clear that you have limited First Amendment protections on the internet, especially on Facebook."

Court: Release surveillance video in Florida school shooting

An appeals court says news organizations are entitled to obtain surveillance video showing the law enforcement response to the Valentine's Day mass shooting at a Florida high school. The 4th District Court of Appeal on Wednesday upheld a lower court's ruling that the video is public record that must be disclosed. News organizations including The Associated Press are seeking the video to better understand the actions of law enforcement and first responders during the shooting that killed 17 people at Marjory Stoneman Douglas High School. Authorities say the school had 70 operating video cameras that day. The media organizations are not seeking any footage depicting the massacre or any victims. Broward County prosecutors and its school board opposed the video release. Nineteen-year-old Nikolas Cruz faces murder charges in the shooting.