948 Cohen 11/20/18 302, at 4. 949 Cohen 9/18/18 302, at 5. The article was published on February 19, 2017, and reported that Sater and Cohen had been working on plan for a Trump Tower Moscow “as recently as the fall of 2015” but had come to a halt because of the presidential campaign. Consistent with Cohen’s intended party line message, the article stated, “Cohen said the Trump Organization had received a letter of intent for a project in Moscow from a Russian real estate developer at that time but determined that the project was not feasible.” Megan Twohey & Scott Shane, A Back-Channel Plan for Ukraine and Russia, Courtesy of Trump Associates, New York Times (Feb. 19, 2017). 950 Cohen 9/18/18 302, at 5-6. 951 Cohen 9/18/18 302, at 6. 952 Cohen 9/12/18 302, at 10. 953 P-SCO-000000328 (5/9/17 Letter, HPSCI to Cohen); P-SCO-000000331 (5/12/17 Letter, SSCI to Cohen). 954 Cohen 11/20/18 302, at 2-3. 955 Cohen 11/20/18 302, at 2-3. 956 Cohen 11/12/18 302, at 2; Cohen 11/20/19 302, at 3. 957 Cohen 11/12/18 302, at 2. 958 Cohen 11/12/18 302, at 2-3; Cohen 11/20/18, at 2-6. Cohen told investigators about his conversations with the President’s personal counsel after waiving any privilege of his own and after this Office advised his counsel not to provide any communications that would be covered by any other privilege, including communications protected by a joint defense or common interest privilege. As a result, most of what Cohen told us about his conversations with the President’s personal counsel concerned what Cohen had communicated to the President’s personal counsel, and not what was said in response. Cohen described certain statements made by the President’s personal counsel, however, that are set forth in this section. Cohen and his counsel were better positioned than this Office to evaluate whether any privilege protected those statements because they had knowledge of the scope of their joint defense agreement and access to privileged communications that may have provided context for evaluating the statements they shared. After interviewing Cohen about these matters, we asked the President’s personal counsel if he wished to provide information to us about his conversations with Cohen related to Cohen’s congressional testimony about Trump Tower Moscow. The President’s personal counsel declined and, through his own counsel, indicated that he could not disaggregate information he had obtained from Cohen from information he had obtained from other parties in the JDA. In view of the admonition this Office gave to Cohen’s counsel to withhold communications that could be covered by privilege, the President’s personal Counsel’s uncertainty about the provenance of his own knowledge, the burden on a privilege holder to establish the elements to support a claim of privilege, and the substance of the statements themselves, we have included relevant statements Cohen provided in this report. If the statements were to be used in a context beyond this report, further analysis could be warranted. 959 Cohen 11/20/18 302, at 6.
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