The one big “client” Michael Cohen is still hiding
In response to Judge Kimba Wood’s request, Michael Cohen’s attorneys submitted a letter response to the court, outlining the various roles that Cohen has experienced in his legal career. For the last year, the letter identified three people for whom an attorney-client privilege might attach (Donald Trump, Elliott Broidy and Sean Hannity) due to the nature of the work conducted, and included the following disclosure by his attorneys:
“For seven clients the work appears to be providing strategic advice and business consulting, for which privilege would not attach.”
Cohen’s lawyers offered to provide the names of these seven if a Special Master were to be appointed, although these seven are alleged to not be responsive to the Attachment A of the search warrant. One would expect these seven clients to eventually be disclosed, whether in camera or disclosed to the public. These seven may give additional insights into the type of services and work that Cohen provides.
One issue that does not appear to be addressed and appears relevant to the nature of the search warrant (including Stormy Daniels’ payment) is what role Essential Consultants LLC plays in the entirety of the investigation. Judge Wood might consider inquiring into whether Essential, which was formed by Michael Cohen as an “Authorized Person” on October 17, 2016, is one of Cohen’s clients, whether within the seven nondisclosed clients or otherwise. Essential was at least one of the parties to the NDAs signed in both the Broidy and Trump/Daniels matters, according to reports, and the party from which the funds were issued. Understanding the nature of Essential, whether it had any other transactions that have not been disclosed, and what role Cohen played with respect to this entity seems germane to the investigation being conducted.
Also, given the date of the formation, was it formed in his role as an executive of the Trump Organization and who are the members of this Delaware LLC? If reports are correct, the Broidy agreement was entered in 2017, so Cohen’s relationship with the Trump Organization was at an end – suggesting that the Trump Organization does not own Essential. If it does, that would raise questions about what Essential’s purposes are and why Broidy’s settlement was paid from this company. Judge Wood should consider requesting disclosure of any other similar entities formed by Cohen. The answers to these questions might be the quintessential ones to fully investigate this matter.
Daniel is a lawyer writing and teaching about SCOTUS, and is the author of the book “The Chief Justices” about the SCOTUS as seen through the center seat.