Banjamin Wittes: “I will put this as bluntly as I know how: There is no way that the U.S. Attorney’s Office for the Southern District of New York would have sought or executed a search warrant against the president’s lawyer without overpowering evidence to support the action. The legal standard for such a search requires only probable cause that criminal activity is taking place. Under normal circumstances, which these are not, the prudential and policy factors counseling against such an action would be powerful.”
“This is the kind of step that would predictably elicit a reaction. The Justice Department simply would not take such an action lightly or without evidence that emphatically supports it. Add these prudential, legal and policy factors together and they cumulatively suggest that the evidence supporting the warrant application likely exceeds—probably by far—what is legally required.”
“Put another way, Cohen’s situation, and thus Trump’s situation, is grave.”
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