I’m out of town and diaring on my ipad so forgive any formatting DK irregularties but I had to write. Watching a video of the Rachel Maddow show with the legal panel and the former Prosecutor with the SDNY explained that the breaking news of the wiretap was really just a “pen register” which gives the prosecutors nothing of the content of any conversations but “ONLY” provides names and numbers and dates etc. She explained it was a far lower standard to meet for the prosecutors one that might not even require showing probable cause. AND everyone kinda relaxed as if to say “Oh well that’s not much . . . So we know who he was calling and when.”
Remember the extreme “vetting” it took the SDNY to get the warrant that allowed them to seize all the Michael Cohen’s stuff in his hotel, office, etc.? Remember what we heard about Cohen being known to TAPE HIS CONVERSATIONS?
The SDNY (and Mueller no doubt) got all of Cohen’s tapes and other material in the raid that required the warrant. They didn’t need a wiretap. They needed a confirmation and or an index of the tapes they already have. THE PEN REGISTER PROVIDES AN INDEX TO ANY of Cohen’s own PHONE TAPES. Any one else have any idea what else the pen register could be?
I’m a former DOJ lawyer but in the Civil Division and forty years ago . . I never practiced Criminal Law and have no idea what the Prosecutors are able to obtain and what it all means. But as I watched the panel somewhat shrug off or be somewhat dismissive of the pen register as NOT being a WIRETAP it suddenly dawned on me. . . . They don’t need a wire tap. They already have any and all tapes Cohen supposedly made of his conversations. They may already suspect or even know who the parties are. But what’s the final nail? So you don’t have to worry about someone saying “THAT”S NOT MY VOICE!”
The Pen Register . . . . . Confirms the origin and dates.
Interested in whether anyone else sees it this way. And if any prosecutors or attorneys with more recent experience than mine can chime in on this.