Mark Bailen Comments on Reports that National Enquirer Executives Have Been Subpoenaed in Cohen Investigation

News / June 21, 2018

Partner Mark Bailen is quoted in an article published by The New York Times on June 20, 2018. The article, “National Enquirer Executives Said to Be Subpoenaed in Cohen Investigation,” reports that the executives with American Media, publisher of The National Enquirer, have received subpoenas from prosecutors in the Southern District of New York who are investigating President Trump’s former lawyer, Michael Cohen.

The reporter interviewed several First Amendment lawyers, including Bailen, who told The New York Times: “Any time that a news organization is being subpoenaed, as a First Amendment lawyer, that raises a red flag. The question is, is this related to the editorial enterprise, or is it related to the business enterprise, or even a personal consideration for one of the employees or publishers or owners or executives of the company? That would take it out of the realm of having a direct newsroom impact.”

The article continues, “The main concern, [Bailen] said, is ‘protecting reporters from having to turn over state’s evidence at the whim of the government.’ ”

Read the article (registration required).