That office, now led by a Trump appointee, approved the raid of Cohen's office on Monday.
The source said federal investigators are looking into the nondisclosure deal and subsequent payment made by President Donald Trump's personal lawyer, Michael Cohen, to the porn star who is now suing Trump over the 2016 hush agreement. Trump also revived his broadsides on Rosenstein as well as Rosenstein's boss, Attorney General Jeff Sessions, whom he belittled to confidants for recusing himself from the investigation and, in turn, delivering him to Mueller.
Since Monday's Federal Bureau of Investigation raid, Trump has spent his time attacking special counsel Robert Mueller, calling his team of investigators "the most biased group of people I've ever seen". Trump called Mueller's investigation "an attack on our country", prompting new speculation that Trump might seek the removal of the Justice Department's special counsel, Robert Mueller. In a basic sense, it means that a federal judge has agreed with the FBI that there is possibly evidence of a crime somewhere in Cohen's possession - evidence that might not be possible to obtain through subpoena or other less-intrusive means. Judges have to be convinced that it isn't just a way for prosecutors to intimidate defense attorneys or access confidential information.
MARIOTTI: We don't know for sure. It is not clear if Trump has the legal power to fire Mueller. An administration official said the White House would largely defer to outside surrogates to push back on Comey, but there was concern as to how the director's interviews could rile up the president. Or there could be other non-Stormy-Daniels-related allegations about Cohen's conduct that have not yet surfaced publicly.
"No question, a search warrant for a lawyer is an extraordinary act", he told Reuters.
John Malcolm is now Vice President of the Institute for Constitutional Government at the Heritage Foundation and formerly served as an Assistant U.S. Attorney, an Associate Independent Counsel, and Deputy Assistant Attorney General in the Criminal Division of the U.S. Department of Justice.
Cohen, and perhaps the president, will likely argue that this raid violates the attorney-client privilege.
"If so, confidentiality rules do not apply", she said. He's described it being an over-reach by prosecutors into the privileged communications between Mr. Cohen and his client, Mr. Trump. The White House has consistently said Trump denies the affair. Documents are not automatically privileged simply because they passed through an attorney's hands.
Material that is not protected by the privilege but is relevant to the documents being sought in the search is turned over to the investigative team. But seizing the records now allows prosecutors to ensure that the integrity of the evidence is maintained while those legal issues are sorted out.
Marks also characterized Trump's comments as weird but noted that the United States president's words do not constitute obstruction of justice.
What's especially interesting in this case is that search involves an attorney.
The Mueller probe was started to look into "potential collusion" between members of the Trump campaign, including Trump himself, and a foreign state, however whether it's been collusion with Russian Federation, misdeeds related to the campaign, tax evasion or even obstruction of justice, the Mueller probe has seemingly hit a wall on all fronts when it comes to Trump himself.