Someone leaked the lawyer/client confidential tape containing a conversation between President Donald J. Trump and his lawyer Michael Cohen. A former judge, assigned by the presiding judge to evaluate the seized tapes, reportedly concluded that this conversation was privileged. Yet someone leaked their contents. The President Trump’s current lawyer, Rudy Giuliani, then waived the privilege as to that tape. He said he never would have waived it had its existence and content not been improperly leaked.
So, the question remains: Who leaked this privileged material? If it was anyone in the Trump camp, there would be no violation of confidentiality, as the privilege belongs to the client, namely Trump, who can waive it. But no one else, most especially his lawyer, may properly waive the privilege. And Giuliani has categorically denied that it was leaked by Trump or anyone on his behalf. Indeed, he has expressed outrage at the leak.
Whom does that leave? Cohen is an obvious suspect, although I am confident that his excellent and experienced lawyer, Lanny Davis, would not have done so. Perhaps Cohen himself, who ran into Michael Avenatti at a restaurant, told him about the tape. We simply do not know.