Former Attorney General of New Jersey Anne Milgram explained to MSNBC anchor Katy Tur that Donald Trump confidante Michael Cohen may not be able to invoke attorney-client privilege to shield his hush money payment to former porn star Stormy Daniels.
“Attorney-client privilege, does Michael Cohen still enjoy that in this scenario?” Tur asked.
“There are a number of facts we don’t know, but the one thing that’s clear is this is not how a lawyer normally would act, lawyers usually represent their client, as a part of that, they might reach a settlement agreement and pass funds from the individual client onto someone they were settling with,” Milgram explained.
“They would never personally pay. So that raises a question in my mind of whether he was acting as a lawyer,” Milgram continued. “It doesn’t appear to me here that he was.”
“If we’re talking about the privilege, I think you have to be wearing a lawyer’s hat to invoke that,” Milgram continued.
Milgram is currently a professor of practice and distinguished scholar in residence at New York University School of Law.
“What sort of questions does that leave him open to?” Tur asked.
“There’s a serious campaign contribution question. There are limits on how much individuals can contribute to a political campaign, there are limits as to how much businesses to a political campaign, there are criminal offenses associated with that if you pay too much,” Milgram reminded.
“And would it be considered a contribution if you tried to silence somebody?” Tur asked.
“Yes, it can be,” Milgram explained. “You’re paying $130,000 to essentially influence an election. Remember that the “Access Hollywood” tape came out on October 7th, this payment was made in October 2016 shortly there after.”
“So we could be hearing from Stormy Daniels?” Tur wondered.
“I expect that,” Milgram concluded.