Donald Trump believes he can fire Robert Mueller: White House

U.S. White House press secretary Sarah Huckabee Sanders.

U.S. White House press secretary Sarah Huckabee Sanders.   | Photo Credit: CARLOS BARRIA

The federal agents who raided the office of President Donald Trump’s personal attorney, Michael Cohen, were looking for records about payments to a former Playboy playmate and to porn actress Stormy Daniels, who both claim to have had affairs with Trump.

That’s according to a report on Tuesday from The New York Times. The newspaper, citing several people briefed on the investigation, reported that FBI agents were looking for records of payments to ex-Playmate Karen McDougal and also information related to the publisher of The National Enquirer.

The raid prompted a new blast on Tuesday from the President, who tweeted that “Attorney-client privilege is dead!” And White House press secretary Sarah Huckabee Sanders said that the President thinks he can fire special counsel Robert Mueller, but isn’t taking that step now.

Ms. McDougal has said she carried on an affair with Mr. Trump in 2006 after the birth of his son. The Enquirer’s publisher, American Media Inc., paid Ms. McDougal $150,000 but never published her story. AMI has said she was paid to become a fitness columnist.

The Associated Press has confirmed that agents on Monday also seized records related to a $130,000 payment made to Daniels, who says she had sex with Mr. Trump in 2006.

A furious Mr. Trump, who in the past month has escalated his attacks on Mr. Mueller’s Russia investigation, said on Monday from the White House that it was a “disgrace” that the FBI “broke into” his lawyer’s office. He called Mr. Mueller’s investigation “an attack on our country,” prompting new speculation that he might seek the removal of the Justice Department’s special counsel.

On Tuesday, Ms. Sanders said Mr. Trump believes the raid on Mr. Cohen’s office went “too far,” but she also said that it’s a separate investigation from Mueller’s probe. Still, Mr. Trump “certainly believes that he has the power” to directly fire Mr. Mueller, she said, and he has been advised that he has that authority. She did not say where the advice came from.

Justice Department guidelines say only Deputy Attorney Rod Rosenstein, who appointed Mr. Mueller last May, has the authority to fire him and only for specific cause. Mr. Rosenstein has repeatedly said that he has not seen any reason to dismiss Mr. Mueller

The raid was overseen by the U.S. Attorney’s office in Manhattan and was based in part on a referral from Mr. Mueller, said Mr. Cohen’s lawyer, Stephen Ryan.

“The decision by the U.S. Attorney’s Office in New York to conduct their investigation using search warrants is completely inappropriate and unnecessary,” Mr. Ryan said in a statement. “It resulted in the unnecessary seizure of protected attorney client communications between a lawyer and his clients.”

The raid creates a new legal headache for Mr. Trump as he and his attorneys weigh whether to agree to an interview with Mr. Mueller’s team, which in addition to investigating potential ties between Russia and the Trump campaign is also examining whether the President’s actions constitute obstruction of justice.

And the law enforcement action will almost certainly amplify the public scrutiny on the payment to Daniels, who says she had sex with Mr. Trump in 2006. The payment was made just days before the 2016 presidential election. Mr. Trump told reporters last week that he did not know about it.

Search warrants are a fairly standard, though aggressive, law enforcement tool and are often sought in cases where authorities are concerned someone may hide or withhold evidence. To obtain one, agents must convince a judge they have probable cause of criminal activity and they believe they’ll find evidence of wrongdoing in a search. A warrant requires high-level approval within the Justice Department, and agency guidelines impose additional hurdles when the search target is an attorney.

In this case, Mr. Mueller opted to refer the matter to federal prosecutors in Manhattan. Besides Mr. Cohen’s office, agents also searched a hotel room where he’s been staying while his home is under renovation.

Under Justice Department regulations, Mr. Mueller must consult with Mr. Rosenstein when his investigators uncover new evidence that may fall outside his original mandate. Mr. Rosenstein then will determine whether to allow Mr. Mueller to proceed or to assign the matter to another U.S. attorney or another part of the Justice Department.

A spokesman for Mr. Mueller’s office did not immediately return a call seeking comment. The U.S. attorney’s office had no comment. Monday’s raid was first reported by The New York Times.

Mr. Ryan did not elaborate on the documents taken from Mr. Cohen’s office but said he has cooperated with investigators, including meeting last fall with lawmakers looking into Russian interference in the 2016 election.

Mr. Cohen has more recently attracted attention for his acknowledgment that he paid Ms. Daniels out of his own pocket shortly before the 2016 presidential election. Mr. Cohen has said neither the Trump Organisation nor the Trump campaign was a party to the transaction with Ms. Daniels and he was not reimbursed for the payment.

Several former officials at the Federal Election Commission have said the payment appears to be a violation of campaign finance laws, and multiple Washington-based groups have filed complaints with the FEC, urging it to investigate.

There have been few signs that Mr. Mueller was interested in investigating the payment, though. One Mr. Mueller witness, former Mr. Trump aide Sam Nunberg, recently connected the special counsel with the payment, saying in an interview on MSNBC last month that prosecutors had asked him about payments to women.

Mr. Trump answered questions about Ms. Daniels for the first time last week, saying he had no knowledge of the payment made by Mr. Cohen and he didn’t know where Mr. Cohen had gotten the money. The White House has consistently said Mr. Trump denies the affair.

Ms. Daniels has said she had sex with the President in 2006. She has been suing to invalidate the nondisclosure agreement she signed before the election and has offered to return the money she was paid in order to “set the record straight.”

Ms. Daniels argues the agreement is legally invalid because it was signed by only Ms. Daniels and Mr. Cohen, and was not signed by Mr. Trump.

Last month, Ms. Daniels’ attorney, Michael Avenatti, sent letters to the Trump Organisation demanding the business preserve all of its records relating to the $130,000 transaction.

The letter demanded they preserve all emails by Mr. Cohen that mention Ms. Daniels, whose real name is Stephanie Clifford, as well as any emails and text messages related to the alleged relationship. He sent similar demand letters to two banks, City National and First Republic, asking they preserve documents connected to the transaction.

Mr. Avenatti also enclosed an email showing Mr. Cohen had used his Trump Organisation email address in correspondence with a representative from First Republic. In the email, the representative said funds had been deposited in Mr. Cohen’s account.