UPDATE: NBC has issued a correction to its article. Cohen was not wiretapped, it “was what is referred to as a pen register. That means it is a log of phone calls that were made from a specific phone line or a specific phone lines.”

It is rare for law enforcement to wiretap a lawyer — yet the FBI has been wiretapping President Trump’s personal attorney Michael Cohen. NBC exposed the wiretapping. It began several weeks before the FBI raided Cohen’s office. (At the very least.) Agents heard at least one call between Cohen and the White House. They heard another call between Cohen and a lawyer who represents women who claim they had affairs with Trump.

Usually law enforcement must prove a serious concern that the lawyer is involved in criminal activity. Because it risks violating attorney-client privilege, it’s a pretty high standard to get a wiretap. It’s also a pretty high standard to get permission to raid an office. The burden is even higher when the lawyer is the president’s lawyer.

After Cohen’s office was raided, Trump tweeted, “Attorney-client privilege is dead.” Trump called Cohen after the FBI raided his office. The FBI would have heard that call.

A Mere Misdemeanor

The FBI is looking into a $130,000 payment Cohen made to porn star Stormy Daniels. They believe it may have been an unreported campaign contribution. If the payment violated campaign finance law, it was likely a mere misdemeanor. 

Trump is incensed that the independent counsel Robert Mueller’s probe into alleged Russian collusion with the Trump campaign has expanded to Trump’s alleged relations with Daniels. His newest attorney, former New York City mayor Rudy Giuliani, says the transaction was personal. The payment is “going to turn out to be perfectly legal,” he says.

It was not related to the campaign. It didn’t come from campaign funds. Trump wanted to stop Daniels from talking about the alleged affair. Trump denies having an affair with Daniels. (As did Daniels.) He says he did not want the story to upset his wife. He denies knowing about the payment when it was made.

Trump took to Twitter Thursday to defend the legality of the $130,000 transaction.

Mr. Cohen, an attorney, received a monthly retainer, not from the campaign and having nothing to do with the campaign, from which he entered into, through reimbursement, a private contract between two parties, known as a non-disclosure agreement, or NDA. These agreements are…..

— Donald J. Trump (@realDonaldTrump) May 3, 2018

…very common among celebrities and people of wealth. In this case it is in full force and effect and will be used in Arbitration for damages against Ms. Clifford (Daniels). The agreement was used to stop the false and extortionist accusations made by her about an affair,……

— Donald J. Trump (@realDonaldTrump) May 3, 2018

…despite already having signed a detailed letter admitting that there was no affair. Prior to its violation by Ms. Clifford and her attorney, this was a private agreement. Money from the campaign, or campaign contributions, played no roll in this transaction.

— Donald J. Trump (@realDonaldTrump) May 3, 2018

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