06.19.2017
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06.19.2017
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General News
Partner Barak Cohen was quoted in the Reuters article, "Trump Lawyer Says President Not Informed He Is Under Investigation," commenting on whether or not President Trump's personal lawyers could be certain that the president is not under investigation by the special counsel.
Barak Cohen, a former Justice Department lawyer and now a defense attorney specializing in white-collar crime and investigations, said there was no requirement that the special counsel notify Trump he was under investigation, so the lack of such notice meant nothing.
He said, however, that Sekulow’s comments could mean the White House was taking the position that no investigation exists until Mueller’s team officially confirms it, disregarding media reports based on anonymous sourcing.
Cohen said the first official communication that a target is under investigation typically comes when prosecutors begin requesting documents and other evidence. At that time, defense lawyers often will ask about their clients’ status.
Prosecutors will often answer then to avoid misleading the target. They may not answer if they are trying to build a case and develop further evidence.
"No answer is probably the most troubling answer in criminal defense,” Cohen said.
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