美国国家公共电台 NPR Does FBI Raid On Trump Lawyer Cohen Mean Attorney-Client Privilege Is 'Dead'?

AUDIE CORNISH, HOST:

We're going to get the latest on the legal turmoil 1 surrounding the White House and the new questions since yesterday's FBI raids targeting President Trump 2's longtime personal lawyer Michael Cohen. One question that's come up again is about the president possibly taking action against special counsel Robert Mueller.

NPR's Ryan Lucas has been covering this. He's here in the studio. Hey there, Ryan.

RYAN LUCAS, BYLINE 3: Hi there.

CORNISH: Any clearer today what this means for the president, this particular raid, and what it means for the special counsel's Russia investigation 4?

LUCAS: Well, to put it plainly, this is not good news for the president. Remember who Michael Cohen is. He's been Trump's personal lawyer for years, but he's also served as almost a fixer for him. He's been deeply immersed in Trump's business dealings, in his personal matters. So in many ways he's kind of a fountain of information and of knowledge on the president. Now, Cohen is also known to be deeply loyal to Trump. Cohen even put out a tweet today with a quote that reads, "a person who deserves my loyalty 5 receives it." And then he added, "I will always protect our @POTUS" - so @ the president.

As for the special counsel's investigation, the Cohen raids have certainly raised the political temperature around the Mueller probe. But it's important to point out here that the raids followed a referral from Mueller, but they weren't executed by Mueller's team. They were executed by the U.S. Attorney's Office in Manhattan. And under the regulations for the special counsel, if Mueller finds evidence of a possible crime outside of his purview 6, Mueller is supposed to consult with the DOJ official overseeing the probe. In this case that's Deputy Attorney General Rod Rosenstein. And then it's Rosenstein who decides whether the matter stays with Mueller or is kicked to a U.S. attorney elsewhere - so in this case in New York.

CORNISH: This hasn't stopped the president from complaining about Mueller in the investigation. And this is the weekly parlor 7 game in Washington of whether Mueller will be fired. What is the answer this week?

LUCAS: Well, that question, as you noted 8, has been hanging over Washington for months now. Reporters actually asked White House press secretary Sarah Sanders that exact question today. In the past when she's faced that question, Sanders has said that the White House believes Trump has the power to fire Mueller, but she's also added the caveat 9 that he has no plans to do so. Today, though, there was a bit of a shift. She said the White House believes the president has the power to fire Mueller, but she left out the caveat, the caveat that he has no plans to do so.

CORNISH: OK, so unpack 10 this for us. Does the president have the power to fire Mueller?

LUCAS: So Sanders was challenged on that point today. Here's what she had to say.

(SOUNDBITE OF ARCHIVED RECORDING)

SARAH HUCKABEE SANDERS: I know a number of individuals in the legal community and including at the Department of Justice said he has the power to do so. But I don't have any further announcements on...

(CROSSTALK)

LUCAS: Now, it's important to point out that Sanders did not cite the Justice Department official or any sort of legal guidance that told the White House that the president does indeed have the authority to fire Mueller. What the department has said in the past is that only Rosenstein, who oversees 11 the special counsel investigation, can fire Mueller for good cause. There has to be good cause. Rosenstein himself has voiced firm public support for Mueller as recently as last month. Now, Trump could fire Rosenstein. But the bottom line is he cannot fire Mueller directly.

CORNISH: In the meantime, what are you hearing from lawmakers' reaction to this week's news?

LUCAS: Well, Democrats 12 have renewed their calls for legislation to protect the special counsel. They've been doing this for quite some time, every time there's a flare-up related to Trump and Mueller. Republicans, meanwhile, have consistently said there's no need for that. They say Mueller isn't at risk of being fired. That's exactly what they were saying today. Now, Senate Majority Leader Mitch McConnell also said today that he thinks Mueller should be able to finish the job unimpeded. But he said again he sees no reason to pass legislation to protect him.

CORNISH: That's NPR's Ryan Lucas. Thank you.

LUCAS: Thank you.