Just a quick housekeeping note to clarify something important regarding the FBI executing a Federal search warrant on Michael Cohen’s office, home, and hotel room today. This is a Federal investigation. It is being conducted by the US Attorney’s Office for the Southern District of New York, also known as the Southern District of New York or SDNY. According to reporting by Bloomberg, Special Counsel Mueller brought his investigatory concerns to Deputy AG Rosenstein who then determined that this should be handled by the US Attorney for the Southern District of New York, not the Office of the Special Counsel.
Mueller brought information involving Cohen to Deputy Attorney General Rod Rosenstein, who decided that the inquiry should be handled by federal prosecutors in New York, according to a person familiar with the situation.
Under Justice Department regulations, Mueller is required to consult with Rosenstein about how to handle evidence and matters that may fall outside his jurisdiction and authority. Mueller is investigating Russian meddling in the 2016 U.S. presidential campaign, whether anyone close to Trump engaged in collusion and whether Trump sought to obstruct justice.
This is a Federal investigation. Michael Cohen is the target of this Federal investigation. It is not, based on reporting, as of now, a joint Federal/NY State investigation. I would expect that the NY state Attorney General Schneiderman will be asked to be read on in case there are parallel charges that would be more appropriately brought in NY state or, in case parts or all of the Federal investigation does not go forward, that could then be brought in NY state.
So just to reiterate: this is currently a Federal investigation being supervised/undertaken by the US Attorney’s Office for the Southern District of New York as a result of guidance/instructions from Deputy Attorney General Rod Rosenstein. The current US Attorney for the Southern District of New York is Geoffrey S. Berman, who was appointed on an interim basis by Attorney General Sessions on behalf of the current President and assumed his current office in January 2018.
My guess is that in addition to all the other news that broke today, this story is going to continue to develop through the evening and into tomorrow.
Stay frosty!
Open thread.