At the time Fry was trying to access the documents, Cohen was under investigation by the Manhattan US Attorney's office for the crimes to which he eventually pleaded guilty.
Initially Cohen was going to testify before the committee on February 7, but it was postponed late last month over concerns about the threats against his family by President Donald Trump and Rudy Giuliani.
The Justice Department issued a statement Tuesday that sidestepped the question of whether Whitaker and Trump discussed putting Berman in charge but asserted that Trump never demanded a commitment from Whitaker to intervene in any investigation into the president.
Cohen was previously scheduled to enter prison on March 6 to serve his three-year sentence for campaign finance violations, lying to Congress and tax and bank fraud.
Cohen has also said he was tasked by Trump with facilitating hush payments to women who alleged affairs.
In August, Cohen admitted he made illegal campaign contributions at the behest of Trump and pleaded guilty to campaign finance violations in connection with the hush-money payments. He is set to start serving time in May.
The affidavit also includes exchanges between Fry and reporter Ronan Farrow, who wrote a story for the New Yorker magazine about the motives behind the leak.
His congressional testimony, Monico added, "will require Mr. Cohen to spend substantial time in preparation that will limit the time he has to get his affairs in order and spend time with his family, especially given such a short period between the anticipated hearings and the present reporting date". "I did nothing wrong just like reporters do nothing wrong when they receive and report information", he told The Daily Caller News Foundation.
Michael Cohen's Senate interview will kick off a week of congressional appearances for Cohen, who is already scheduled to testify publicly before the House Oversight and Reform Committee on Wednesday and then behind closed doors again on Thursday to the House intelligence committee.
Cohen also pleaded guilty in November to lying to Congress about Trump's prospective real estate deals in Russian Federation during his presidential campaign.
The House Oversight Committee, now led by Democrat Elijah Cummings, announced on Wednesday that it will hold a public hearing next Wednesday at which Cohen will be the only witness.