Fox News legal analyst Judge Andrew Napolitano said the government will try to prove President Donald Trump’s attorney Michael Cohen was not practicing law and is therefore not entitled to attorney-client privilege.
“The government’s theory is that Michael Cohen, though a licensed and practicing lawyer, for the most part didn’t practice law. He was a fixer. He was a dirty trickster,” Napolitano said on “Fox & Friends” Monday.
“If he is not practicing law — if he’s doing these things some of which are lawful, some of which are at the edge. There is no attorney-client privilege. And how are they going to prove that? The government’s going to put Michael Cohen himself on the witness stand today and they’re going to grill him.”
“A federal judge … will decide you were practicing law. Therefore, these are privileged. You are not practicing law, therefore, they’re not privileged,” Napolitano continued.
Napolitano said the attorney-client privilege is an “ancient” and respected privilege that should be preserved at all costs.
“The attorney-client privilege is an ancient privilege,” he concluded. “If it is privileged, then the government can’t look at it and can’t use it. If it’s not privileged, no matter how damning it is to the president, if she finds that he was not practicing law, that he was a dirty trickster or a fixer, then the government gets to keep all of no matter what it is.”