Dershowitz on Cohen: If This Were Hillary Clinton, ACLU Would Freak Out At "Overzealous" Mueller

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Alan Dershowitz lambasted the ACLU and civil libertarians for their "deafening silence" following the raid of the home and offices of President Trump's personal attorney Michael Cohen and the potential "intrusion into lawyer-client confidentiality."

"If this were Hillary Clinton being investigated and they went into her lawyer's office, the ACLU would be on every television station in America jumping up and down," the Harvard law professor said on Monday's broadcast of Sean Hannity's FOX News show.

Dershowitz called the events a "very dangerous day" for the attorney-client privilege.





"I deal with clients all the time," he explained. "I tell them on my word of honor that what you tell me is sacrosanct. And now they say just based on probable cause even though there was cooperation with Cohen, they can burst into the office, grab all the computers and then give it to another FBI agent and say you are the firewall. We want you now to read all these confidential communications. Tell us which ones we can get and which ones we can't get."

Dershowitz also called Mueller and his team "overzealous" and are determined to get their target -- the president of the United States and the people close to him.

"He is just determined to get his target," Dershowitz said of Mueller. "And when you appoint somebody to be a special counsel, there is a target on the back of the president. The target on the back of people close to the president."

ALAN DERSHOWITZ: I think actually this does show us something significant about the investigation. I do think a decision has been made from the very top that the Mueller investigation is stick to Russia collusion, the campaign, obstruction of justice and anything else relating to Trump's business dealings, any alleged relationships or payments to women will be given over to the Southern District of New York (SDNY). Now, they'll work together. And this may be an attempt to squeeze [Michael] Cohen. He's the lawyer. He is the guy who knows all the facts about Donald Trump. And to get him to turn against his client.

Look, this is a very dangerous day today for lawyer-client relations. I deal with clients all the time. I tell them on my word of honor that what you tell me is sacrosanct. And now they say just based on probable cause even though there was cooperation with Cohen, they can burst into the office, grab all the computers and then give it to another FBI agent and say you are the firewall. We want you now to read all these confidential communications. Tell us which ones we can get and which ones we can't get.

You know, if this were the shoe on the other foot. If this were Hillary Clinton being investigated and they went into her lawyer's office, the ACLU would be on every television station in America jumping up and down. The deafening silence of the ACLU and civil libertarians about the intrusion into the lawyer-client confidentiality is really appalling.


Dershowitz said he doesn't believe Mueller or his team are particularly partisan, but that they are "overzealous" and determined to get their "target."

Dershowitz said after today there will be a "scored earth policy" from both sides. He also advised Trump to get any attorney-client material between himself and Cohen taken away from the prosecutor and handed over to the court to determine what is covered by privilege. Otherwise, as Dershowitz said earlier, Mueller can use the SDNY firewall technique to gather information.

DERSHOWITZ: Well, they're zealous. Many people think they're overzealous. I don't think they're partisans. Here you and I might disagree. I don't think they care whether they hurt the Democrats or the Republicans. Some on the team may. I don't think that's Mueller's approach. He is just determined to get his target. And when you appoint somebody to be a special counsel, there is a target on the back of the president. The target on the back of people close to the president.

SEAN HANNITY: Has he lost perspective?

DERSHOWITZ: I think he has lost perspective. And I think that that happens when overzealous prosecutors are given a target. And the concern now is that there won't be cooperation. I think we will now see a scorched earth policy on both sides.

Look, I don't give advice to the president except on television if he wants to listen, he can listen. But if I were the president, I would at least seriously consider going to court tomorrow, seeking to have a judge get ahold of all the lawyer-client material, take it away from the prosecutor, take it away from the FBI. Don't let an FBI agent look at any of them.

Have the judge go through it and have the judge make a determination as to whether there is anything in there that is lawyer-client privilege.

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