Patterico's Pontifications

7/23/2020

BREAKING: Judge Orders Michael Cohen Back to Home Confinement, Citing Government’s Attempts to Suppress His Book

Filed under: General — Patterico @ 8:43 am



Breaking now:

I’m sure people will post links and further developments in the comments but I wanted to open a thread for you.

UPDATE: Changing the headline because this is correct:

2/28/2019

Cohen’s Testimony Further Undermines Jason Leopold’s BuzzFeed Story

Filed under: General — Patterico @ 6:54 am



Last month, I warned people not to be too credulous when it came to Jason Leopold’s blockbuster story claiming that “President Donald Trump directed his longtime attorney Michael Cohen to lie to Congress about negotiations to build a Trump Tower in Moscow.” I noted that Leopold has a history of getting such stories spectacularly wrong, and said: “This, I’ll believe when I see it in Mueller’s report.”

I also said: BuzzFeed Is Probably Not Entirely Wrong About Trump, You Know

BuzzFeed overstepped by saying they have proof that Trump told Cohen to lie. What’s much more likely is that Trump and Cohen agreed Cohen would testify to x; there’s evidence to show Trump knew the truth was not x, and Trump is going to shrug it off as a case of “who can remember every deal they have in the works with the Kremlin?” and his superfans will buy it.

So, although nobody ever knows anything for sure, that’s my best guess as to what happened and how this is all going to play out. We’ll know soon enough whether I’m right or wrong.

Always trust content from Patterico. From Michael Cohen’s prepared testimony yesterday:

Mr. Trump did not directly tell me to lie to Congress. That’s not how he operates.

In conversations we had during the campaign, at the same time I was actively negotiating in Russia for him, he would look me in the eye and tell me there’s no business in Russia and then go out and lie to the American people by saying the same thing. In his way, he was telling me to lie.

There were at least a half-dozen times between the Iowa Caucus in January 2016 and the end of June when he would ask me “How’s it going in Russia?” –referring to the Moscow Tower project.

You need to know that Mr. Trump’s personal lawyers reviewed and edited my statement to Congress about the timing of the Moscow Tower negotiations before I gave it.

Precisely what I thought.

Oddly, Cohen seemed to have nothing in the way of documents to back up his assertions, despite Leopold’s claims of having seen “internal company emails, text messages, and a cache of other documents.” Ah well. Maybe Mueller has that stuff?

This, I’ll believe when I see it in Mueller’s report.

[Cross-posted at The Jury Talks Back.]

2/27/2019

Open Thread: Michael Cohen Testifies Before House Oversight Committee

Filed under: General — Dana @ 9:31 am



[guest post by Dana]

From Michael Cohen’s opening statement this morning:

I am ashamed because I know what Mr. Trump is. He is a racist. He is a conman. He is a cheat. He was a presidential candidate who knew that Roger Stone was talking with Julian Assange about a WikiLeaks drop of Democratic National Committee emails.

A lot of people have asked me about whether Mr. Trump knew about the release of the hacked Democratic National Committee emails ahead of time. The answer is yes.

President Trump, who is currently in Hanoi meeting with his “friend” Kim Jong Un to discuss denuclearization (among other things), tweeted this before the Cohen hearing began:
Untitled

(Cross-posted at The Jury Talks Back.)

–Dana

1/17/2019

Trump: Maybe Someone Should Investigate Michael Cohen’s Father-in-Law

Filed under: General — Patterico @ 7:09 am



Dat’s a nice fahder in law ya got dere. Be a shame if someone was to investigate him:

In an interview with FOX News on Saturday, Trump called Cohen “weak,” accused him of lying to prosecutors in order to get a reduced sentence, and hinted — unprompted and without evidence — that he possessed damaging information about Cohen’s family.

“[Cohen] should give information maybe on his father-in-law, because that’s the one that people want to look at,” Trump told FOX News host Jeanine Pirro. “That’s the money in the family.”

There has been no public indication during the investigation of Cohen that his father-in-law is or was the subject of any criminal inquiry.

“It’s an absolutely shocking violation of norms for the chief executive to suggest a retaliatory investigation against the relative of a witness against him,” said Kenneth White, a former federal prosecutor and criminal defense attorney with Brown, White & Osborn LLP. “This is Nixonian ‘enemy list’ stuff, but instead of the public finding out about it through secret tapes and insiders, the president is saying it openly on TV.”

. . . .

One day after Cohen was sentenced to three years in prison, Trump tweeted that Cohen agreed to plead guilty only “to embarrass the president and get a much reduced prison sentence, which he did – including the fact that his family was temporarily let off the hook.”

I know that many readers here will not find Trump’s threats a “shocking violation of norms” but as business as usual from the Lunatic in Chief. However, the fact that Trump engages in regular surprising violations of norms should not dull our senses to the point where we allow this sort of behavior not to shock us.

If Democrats get around to mounting a genuine effort to impeach Trump, this should be among the articles of impeachment.

Meanwhile, Rudy “Bug Eyes” Giuliani seems to be leaving open the possibility that the Trump campaign colluded with Russia, saying his past denials of collusion have related only to Trump personally:

President Trump’s legal spokesman Rudolph W. Giuliani on Wednesday night appeared to grant the possibility that members of Trump’s campaign did, in fact, collude with the Russians during the 2016 presidential election campaign.

And in the process, he contradicted dozens of previous denials that both the Trump team (and Trump himself) have offered.

“I never said there was no collusion between the campaign or between people in the campaign,” Giuliani told CNN’s Chris Cuomo, before getting cut off.

“Yes, you have,” Cuomo said.

Giuliani shot back: “I have not. I said ‘the president of the United States.’”

Here’s the clip:

Kinda hard to deny collusion by the campaign when Trump’s campaign manager gave internal polling data to Konstantin Kilimnik, whom Mueller has described as someone who has “ties to a Russian intelligence service and had such ties in 2016.”

I suspect the next shoe to drop will relate to additional evidence of Trump’s knowledge of the Trump Tower meeting with Natalia Veselnitskaya. If I’m right, that evidence will be waved off impatiently by Trump superfans as well.

And the drama continues…

[Cross-posted at The Jury Talks Back.]

12/12/2018

Michael Cohen Sentenced To Three Years

Filed under: General — Dana @ 12:45 pm



[guest post by Dana]

Calling the charges that Cohen pled guilty to a “veritable smorgasbord of fraudulent conduct,” and stating that Cohen had “lost his moral compass,” U.S. District Judge William H. Pauley sentenced Michael Cohen to three years this morning:

Michael Cohen, who as President Donald Trump’s personal lawyer and fixer once vowed he would “take a bullet” for his boss, was sentenced Wednesday to three years in prison for an array of crimes that included arranging the payment of hush money to two women that he says was done at the direction of Trump.

The sentence was in line with what federal prosecutors asked for. Sentencing guidelines called for around four to five years behind bars, and prosecutors asked in court papers that Cohen be given only a slight break. He is ordered to surrender March 6.

Cohen read a statement at the sentencing hearing today:

“Today is the day that I am getting my freedom back.”

“I have been living in a personal and mental incarceration ever since the day that I accepted the offer to work for a real estate mogul whose business acumen that I deeply admired.”

“I stand before your honor humbly and painfully aware that we are here for one reason.”

“I take full responsibility for each act that I pleaded guilty to,” including those implicating the “President of the United States of America.”

“Today is one of the most meaning days of my life.”

My “weakness was a blind loyalty to Donald Trump.”

“I have chosen this unorthodox path because the sooner that I am sentenced,” the sooner I can return to my family.

“I do not need a cooperation agreement in place to do the right thing.”

He then mentions his family members, by name, and says he brought pain and shame on his family. Mentions his mom, dad, and children, and says to them “I’m sorry.” Long pause.

“The president of the United States, the most powerful man in the world,” Cohen said mockingly, “calling me a rat.”

He said Trump tried to influence the proceedings that “implicate” him.

He apologized again to his family before wrapping up. His voice cracked with apparent emotion, as he apologizes to “the people of the United States” for lying to us.

“You deserve to know the truth and lying to you was unjust.”

Cohen also made a point to respond to President Trump’s accusation that he was weak:

“Recently the President tweeted a statement calling me weak and it was correct but for a much different reason than he was implying. It was because time and time again I felt it was my duty to cover up his dirty deeds.”

Cohen had pleaded guilty to a total of nine federal charges, including several counts of tax fraud and campaign finance violations, and lying to Congress and banks.

Cohen has been ordered to voluntarily surrender on March 6, and has been ordered to pay financial penalties (forfeiture of $500,000, restitution of $1.4 million and two separate fines of $50,000 — one for Mueller’s case and another for the SDNY one).

Court reporter Adam Klasfeld, who was in the courtroom, tweeted the hearing as it happened. Read here for those details.

(Cross-posted at The Jury Talks Back.)

–Dana

12/1/2018

Cohen’s Lawyers: Cohen Kept Trump Apprised About His Ongoing Discussions with Russia About Trump Tower into June 2016

Filed under: General — Patterico @ 10:40 am



Last night, Michael Cohen’s lawyers filed a sentencing memorandum on his behalf. You can read it here. There are a couple of ledes buried in the thing at pages 20 and 21. This one at page 21 jumped out at me — in particular the phrase “and kept Client-1 apprised of these communications”:

Cohen Sentencing Memo Page 21

Another thing, which is getting a lot of attention but may or may not be noteworthy: remember what Ken White said in The Atlantic:

They still might. Cohen admitted that he lied to Congress to support President Trump’s version of events. He notably did not claim that he did so at Trump’s request, or that Trump knew he would do it. But if Cohen’s telling the truth this time, then this conclusion, at least, is inescapable: The president, who has followed this drama obsessively, knew that his personal lawyer was lying to Congress about his business activities, and stood by while it happened.

That italicized “not” gets a lot less meaningful when you consider this passage at page 20, in which Cohen’s lawyer says that during the preparation of his dishonest testimony, he was in regular contact with White House staff and legal counsel:

Cohen Sentencing Memo Page 20

It doesn’t say what he told them, which is why it may not be noteworthy. I have a feeling that question is going to get asked.

[Cross-posted at The Jury Talks Back.]

11/29/2018

Cohen Pleads Guilty to Lying to Congress About Trump Tower Moscow Project

Filed under: General — Patterico @ 6:31 pm



Michael Cohen appeared to have been protecting Trump with his lies, which included covering up how long the Trump Tower Moscow project was discussed with Russians (deep into the general election season) and plans to have Trump travel to Russia to discuss the deal with Russian leaders. New York Times:

Donald J. Trump was more involved in discussions over a potential Russian business deal during the presidential campaign than previously known, his former lawyer Michael D. Cohen said Thursday in pleading guilty to lying to Congress. Mr. Trump’s associates pursued the project as the Kremlin was escalating its election sabotage effort meant to help him win the presidency.

Mr. Trump’s participation in discussions about building a grand skyscraper in Moscow showed how the interests of his business empire were enmeshed with his political ambitions as he was closing in on the Republican nomination for president. During the early months of 2016, when the business discussions were taking place, he was publicly pressing for warmer relations between the United States and Russia and an end to economic sanctions imposed by the Obama administration, policy positions that might have benefited his family business.

Court documents made public by the special counsel, Robert S. Mueller III, detailed new accusations against Mr. Cohen, the president’s former fixer, who already pleaded guilty this year to committing campaign finance violations and financial crimes. Mr. Cohen was the point person at Trump Organization for negotiating a deal for the Moscow project, and on Thursday he admitted lying to congressional investigators about the duration of the negotiations and the extent of the involvement of Mr. Trump — who is identified in the court documents as “Individual 1.”

. . . .

Mr. Cohen said on Thursday that he discussed the status of the project with Mr. Trump on more than the three occasions he had previously acknowledged and briefed Mr. Trump’s family members about it. Mr. Trump and Mr. Cohen discussed Mr. Trump himself traveling to Russia after the Republican National Convention, though that trip never materialized.

You can read Michael Cohen’s unsealed plea agreement and (more interesting) the information against him here. The information charges that Cohen lied to Congress when he represented that the Trump Tower Moscow deal was over by January 2016 and that it was not discussed extensively with others in the Trump Organization. The information also alleges that Cohen lied when he said that he never agreed to travel to Russia to follow up on the project, and never considered asking Donald Trump (called “Individual 1” in the information) to travel for the project. The fact that Cohen has entered a plea agreement states that Cohen will agree to the truth of the allegations in the information as part of his cooperation.

Remember what I said here on March 29:

There’s really no scenario in which this plays out well for Cohen. We know that Robert Mueller is looking at some of Cohen’s involvement in Russia-related activities like Trump Tower Moscow. Mueller seems like a thorough guy, and if he runs across illegal activity by Cohen of any kind in the course of his investigation, he can at a minimum refer those matters to the Justice Department, and conceivably take them on himself.

Disbarment might be the least of Cohen’s worries at this point.

On August 29, I passed along the news that Michael Cohen had emailed Putin lieutenant and Kremlin press secretary Dmitry Peskov about Trump Tower Moscow. Peskov initially denied responding, but in a statement issued today he is telling a different story, and says the Russians did reply after all:

Oddly enough, and I feel weird saying this, but a BuzzFeed story from May 17, 2018 co-authored by (shudder) Jason Leopold appears to have gotten a lot of this right before anyone else did — in particular the extent to which Cohen had continued to push the Trump Tower Moscow deal months after January 2018, when (according to what Cohen had told Congress) the deal had supposedly been dead. Here is an interesting passage from that article:

[I]n a statement he released a week before he was scheduled to testify before the Senate Intelligence Committee last September, Cohen said the Trump Moscow effort “was terminated in January of 2016,” which Cohen noted was “before the Iowa caucus and months before the very first primary.”

But the venture did not end in January.

. . . .

Sater told BuzzFeed News that he and Cohen had a conversation about setting up Cohen’s trip to Moscow to reignite the tower project. The next day, May 4 [2016], they discussed when in the presidential campaign Trump should take the extraordinary step of flying to a country at odds with the United States in order to negotiate a major business deal. Sater texted Cohen: “I had a chat with Moscow. ASSUMING the trip does happen the question is before or after the convention. I said I believe, but don’t know for sure, that it’s probably after the convention. Obviously the pre-meeting trip (only you) can happen anytime you want but the 2 big guys were the question.”

Cohen wrote back that day: “MY trip before Cleveland. Trump once he becomes the nominee after the convention.”

Sater: “Got it. I’m on it.”

The following day, Sater told Cohen that Peskov — the press officer whom Cohen had written to in January — “would like to invite you as his guest” to an economic forum in Russia. The country’s top government and finance officials would gather at the St. Petersburg International Economic Forum, Sater said, and Peskov “wants to meet there with you and possibly introduce you to either Putin or Medvedev.”

“The entire business class of Russia will be there as well. He said anything you want to discuss, including dates and subjects, are on the table.” He concluded, “Please confirm that works for you.”

“Works for me,” Cohen said.

Now the same reporters have a story today claiming that the Trump Organization planned to give Putin a pricey condo in the tower:

President Donald Trump’s company planned to give a $50 million penthouse at Trump Tower Moscow to Russian President Vladimir Putin as the company negotiated the luxury real estate development during the 2016 campaign, according to four people, one of them the originator of the plan.

Two US law enforcement officials told BuzzFeed News that Michael Cohen, Trump’s personal lawyer at the time, discussed the idea with a representative of Dmitry Peskov, Putin’s press secretary.

I find it very difficult to believe that Donald Trump did not know that Michael Cohen lied to Congress about all of this. Ken White, writing in The Atlantic, agrees:

The third remarkable thing about Cohen’s plea was its substance. The president of the United States’ personal lawyer admitted to lying to Congress about the president’s business activities with a hostile foreign power, in order to support the president’s story. In any rational era, that would be earthshaking. Now it’s barely a blip. Over the past two years, we’ve become accustomed to headlines like “President’s Campaign Manager Convicted of Fraud” and “President’s Personal Lawyer Paid for Adult Actress’s Silence.” We’re numb to it all. But these are the sorts of developments that would, under normal circumstances, end a presidency.

They still might. Cohen admitted that he lied to Congress to support President Trump’s version of events. He notably did not claim that he did so at Trump’s request, or that Trump knew he would do it. But if Cohen’s telling the truth this time, then this conclusion, at least, is inescapable: The president, who has followed this drama obsessively, knew that his personal lawyer was lying to Congress about his business activities, and stood by while it happened.

Those are Ken’s italics.

Meanwhile:

If they truly delve into Trump’s business or his taxes, I suspect they will find criminality.

[UPDATE: A clarification courtesy of commenter nk:

A source told the Sun-Times the raids were in response to new allegations, and not prompted by any past controversies that have swirled around Burke. That means, for now, the investigation isn’t focused on Burke’s property-tax-appeal work for President Donald Trump, or Burke’s oversight of a city workers’ compensation fund, among other matters.

Thanks for that, nk.]

What was it I said this morning? “The Trump presidency: a constant exercise in seeing whether the last bizarre stunt can be topped. So far, the answer is always ‘yes.’ How long can that go on?”

The answer is: another day, at least.

[Cross-posted at The Jury Talks Back.]

8/23/2018

Did Trump Know About the Cohen Payoffs in Advance? Of Course He Did

Filed under: General — Patterico @ 5:43 am



The Wall Street Journal has this tantalizing but ultimately unsatisfying tidbit this morning:

Michael Cohen had many reasons to play ball last weekend when his legal team sat down to talk to federal prosecutors.

The Manhattan U.S. Attorney’s office had testimony from Mr. Cohen’s accountant and business partners, along with bank records, tax filings and loan applications that implicated not only Mr. Cohen in potential criminal activity, but also his wife, who filed taxes jointly with her husband. Prosecutors signaled Mr. Cohen would face nearly 20 criminal counts, potentially carrying a lengthy prison sentence and staggering financial penalties.

Adding to the pressure, David Pecker, the chairman of American Media Inc., which publishes the National Enquirer, provided prosecutors with details about payments Mr. Cohen arranged with women who alleged sexual encounters with President Trump, including Mr. Trump’s knowledge of the deals.

They don’t explicitly say “advance” knowledge here, but that is certainly a strong possibility. Think about it. Do we truly believe that, in all the evidence that the feds seized from Cohen, they uncovered nothing to demonstrate advance knowledge? Gabriel Malor has a good explainer about the Cohen plea here, and this passage caught my attention:

Here, Trump says he did not even know of the payments until after the fact. Cohen counters that he made both deals under Trump’s express orders. Federal prosecutors would not have let Cohen plead guilty to facts that they did not believe to be true, so presumably there is additional evidence on this point that has not been made public yet. Keep in mind that Cohen has already released one recording of a conversation he had with Trump about paying McDougal, although that payment ultimately came from American Media Inc., not Cohen or Trump.

Ah, well. Trump’s taking it all in stride. He’s a chill customer — a cool cucumber, who displays grace under press– hey what’s this?

Dude, it’s 1:10 am in Washington D.C. Go the ^&(&* to sleep.

(I’m one to talk. I woke up in the middle of the night sneezing and gave up at about 3:30 a.m. and just decided to go ahead and get up, so that my wife wouldn’t have to listen to my sniffling and sneezing any more. Maybe Mr. The Donald was having a similar problem!) (Except that the chances Melania sleeps with him — literally or figuratively — are vanishingly small.)

Yeah, I think that “Individual 1” seems worried. And not without some reason.

Gabriel’s column answers a lot of questions you might have about the Cohen plea, including the “why is it a crime” question:

Federal law generally prohibits corporations from making contributions or expenditures in connection with any election to federal office. Here, Cohen induced such a prohibited payment from American Media Inc. for the express purpose of influencing the election. By structuring the payment this way, Cohen also avoided having the payment show up in the campaign’s FEC filings.

Put another way, American Media Inc was contributing illegally to Trump’s election, and Cohen’s payment structure deprived the American public of information it was legally entitled to about a candidate for public office.

With respect to the second charge, federal law generally prohibits individuals from contributing more than $2,700 to a candidate (for the 2016 election cycle). Contributions include “expenditures made by any person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate.” Here, Cohen made an expenditure well outside the $2,700 limit when he paid Daniels with the intent to influence the election and at the request of Trump.

Like the first campaign crime, by structuring the payment this way, Cohen (and Trump, if Cohen and federal prosecutors are to be believed) engaged in a conspiracy to defraud the public by hiding the payment despite mandatory disclosure laws.

I know it seems like nothing can touch this guy, but these payments were made just after the Access Hollywood tape broke — and that (in case you have forgotten) was what Joe Biden would call a Big $(^%*($& Deal. Trump even apologized for it, for God’s sake. If it then became public that he had slept with a porn star and a Playboy Playmate while married, it could have been a problem for him. In any event, the theory is that the public has a right to know about such payments, when they are made to influence a campaign. And according to Cohen (and possibly other evidence), they were.

I’m not sure if I’ve pointed it out yet, but this seems like a good time to mention this: remember the Cohen recording that has been released? (You can listen to it again here.) The recording starts with Trump talking on the phone to someone, and Cohen praising him for a “great poll.” But then Cohen starts talking about a New York Times effort to unseal his divorce records with Ivana. Trump yells at someone to get him a Coke, opines that the effort won’t be successful (Cohen agrees), and then this exchange happens at 1:58:

TRUMP: All you have to do is delay it for…

COHEN: Even after that, it’s never going to be opened.

Clearly, they’re talking about the election here. And moments later is when Cohen talks about the transfer regarding “our friend David” and Trump’s worry that “maybe he gets hit by a truck.”

It’s all about the election, and their pre-existing agreement with David Pecker that the story wasn’t going to run and that Pecker would be reimbursed. Here is Cohen telling the judge about it:

Count Seven

Count Eight

You can tell me all you like that you don’t care. Sure, it’s a violation of federal law. Who cares? The thing is, if there’s a blue wave, Democrats could retake the House. And then, I suspect, they are going to be all:

Meanwhile, Trump keeps talking like a mob boss. In his new interview with Ainsley “Communist Japan” Earhardt, Trump says that it “almost” should be illegal for people to receive deals to testify:

This whole thing about flipping, they call it. I know all about flipping, for 30, 40 years I have been watching flippers. Everything is wonderful and then they get 10 years in jail and they flip on whoever the next highest one is, or as high as you can go. It almost ought to be outlawed. It’s not fair, because if somebody going to spend five years like Michael Cohen or 10 of 15 years in jail because of a taxicab deal, because he defrauded some bank. Campaign violations are considered not a big deal, frankly. But if somebody defrauded a bank and he is going to get 10 years in jail or 20 years in jail but if you can say something bad about Donald Trump and you will go down to two years or three years, which is the deal he made, in all fairness to him, most people are going to do that. And I have seen it many times. I have had many friends involved in this stuff. It’s called flipping and it almost ought to be illegal. You get 10 years in jail. But if you say bad things about somebody, in other words make up stories, they just make up lies…They make up things and now they go from 10 years to they’re a national hero. They have a statue erected in their honor. It’s not a fair thing.

The hidden assumption here, of course, is that Cohen got a deal to testify. Which he didn’t. But since when do things like facts get in the way of Donald Trump word salads?

So yeah, Donald. Just keep repeating “NO COLLUSION” and “WITCH HUNT” to anyone who will listen.

The thing about this “witch hunt” is that some witches have been caught. And the Wall Street Journal article linked above reminds us of a fun tidbit about Michael Cohen:

Initially, Mr. Cohen seemed unlikely to turn on the president. Although their relationship was at times turbulent, Mr. Trump appreciated Mr. Cohen’s absolute loyalty. On the day of the raids, Mr. Trump called the move a “disgrace” and a “witch hunt.”

Huh. And now Mr. Cohen has pled guilty to eight felonies, and implicated the President of the United States as his co-conspirator in federal felonies.

How about that. Some “witch hunt.”

[Cross-posted at The Jury Talks Back.]

8/22/2018

Ken White on Trump, Cohen, and Impeachment

Filed under: General — Patterico @ 12:28 pm



Our old friend Ken White of Popehat.com has a piece in the New York Times about the Cohen/Manafort one-two punch yesterday. Like me, he sees more significance in the Cohen developments — maybe enough for an impeachments:

This preposterous age of manic news cycles — Mr. Cohen’s admission came on the same day that Paul Manafort, the president’s former campaign chairman, was convicted of eight counts of tax and bank fraud — weekly bombshells and improbable politics has left us deadened to amazing developments. So let me repeat it for emphasis and for history: The president’s personal lawyer pleaded guilty to a federal crime and testified under oath that the president told him to do it.

In the most explosive admissions, Mr. Cohen pleaded guilty to two federal campaign finance violations on behalf of — and, according to Mr. Cohen, testifying under oath, “in coordination with and at the direction of” — President Trump. The charging document describes a scheme to pay off Karen McDougal, the former Playboy model, and the adult film actress Stormy Daniels to buy their silence about their affairs with Mr. Trump. Mr. Cohen admitted to arranging for American Media, Inc. — publisher of The National Enquirer — to pay Ms. McDougal $150,000 to keep her story quiet to protect the Trump campaign, thus causing a prohibited corporate campaign contribution.

Mr. Cohen also admitted to arranging to pay Ms. Daniels $130,000 for her silence. Because the payment was intended to influence the election by protecting Mr. Trump, this constituted an illegal contribution far in excess of the personal contribution limits.

Mr. Trump’s involvement wasn’t a necessary element to Mr. Cohen’s plea, but he supplied it anyway. That implicates the president directly in what might be called “collusion”: a conspiracy to commit a series of federal crimes, albeit not, in this case anyway, with Russians.

. . . .

For now, Mr. Trump’s status as president likely immunizes him from indictment and prosecution. But he’s not immune from impeachment, nor is he immune from being implicated as an unindicted co-conspirator in a raft of other indictments.

There’s plenty of counterspin available, of course. Trump is pushing the spin that Obama’s campaign ended up being fined for campaign finance violations. The difference is that nobody ever testified under oath that Obama ordered them to make the illegal payments. A lot of people are also shrugging this off because, hey, what isn’t against federal law amirite? To me, this just illustrates another corrosive aspect of having an immoral man and possible criminal in the Oval Office; tribalism requires that people abandon respect for morality and even the law itself.

Meanwhile, the capo di tutti capi is giving praise to his loyal caporegime for not bein’ a rat:

And the rest of us?

Like Ken, I was grinning big all night last night and still am today. I like seeing bad people brought down a peg or two.

You can save your dire pronouncements about a coup or a revolution. Barring a huge public change in attitude, Trump will never be removed from office. Impeached? Yeah, that could happen. But removed? Nah.

But if he got impeached, well, it couldn’t happen to a nicer guy.

[Cross-posted at The Jury Talks Back.]

8/21/2018

Reports: Michael Cohen Pleading Guilty Today (UPDATE ADDED)

Filed under: General — Patterico @ 12:37 pm



New York Times:

Michael D. Cohen, President Trump’s combative former lawyer and fixer, on Tuesday reached a plea agreement with prosecutors investigating payments he made to women on behalf of Mr. Trump, a deal that does not include cooperation with federal authorities, two people familiar with the matter said.

Mr. Cohen is expected to plead guilty to multiple counts of bank and tax fraud charges and campaign finance violations. For months, prosecutors in New York have been investigating him for those crimes and focusing on his role in helping to arrange financial deals to secure the silence of women who said they had affairs with Mr. Trump.

The United States attorney’s office announced that there would be a “proceeding of interest” in a case against a defendant identified only as John Doe, language that almost always indicates a guilty plea. One person with knowledge of the matter said the proceeding would be the guilty plea by Mr. Cohen.

So, he’s definitely not cooperating, then? The story says: not so fast. We don’t know.

The plea agreement does not call for Mr. Cohen to cooperate with federal prosecutors in Manhattan, but it does not preclude him from providing information to the special counsel, Robert S. Mueller III, who is examining the Trump campaign’s possible involvement in Russia’s interference in the 2016 campaign.

Mr. Mueller could in the future seek a reduction in Mr. Cohen’s sentence if he substantially assists the special counsel’s investigation.

As of the time this post was published, it’s not inconceivable that Michael Cohen and Paul Manafort could both end the day as convicted felons. How about that.

[Cross-posted at The Jury Talks Back.]

UPDATE regarding Michael Cohen via the NYT:

Michael D. Cohen, President Trump’s former fixer, pleaded guilty on Tuesday to breaking campaign finance laws and other charges. He made the extraordinary admission that he arranged payments to two women “at the direction of the candidate,” referring to Mr. Trump, to secure their silence about affairs they said they had with Mr. Trump.

Mr. Cohen told a judge in United States District Court in Manhattan that the payments were “for the principal purpose of influencing the election” for president in 2016.

Mr. Cohen also pleaded guilty to multiple counts of tax evasion and bank fraud, bringing to a close a monthslong investigation by Manhattan federal prosecutors who examined his personal business dealings and his role in helping to arrange financial deals with women connected to Mr. Trump.

UPDATE regarding Paul Manafort via NRO:

Former Trump campaign chairman Paul Manafort was found guilty on Tuesday afternoon on eight counts of financial crimes, while Judge T. S. Ellis declared a mistrial on ten other counts for which the jury was unable to reach a verdict.

Manafort was found guilty on five counts of tax fraud, one count of hiding foreign bank accounts, and two counts of bank fraud. Each count carries with it a maximum sentence of 30 years in prison, meaning he now faces up to 240 years behind bars.

Manafort has also been charged by Mueller with seven counts of obstruction of justice, failure to register as a foreign agent, and conspiracy to launder money. The trial on those charges is expected to start next month.

President Trump just landed in West Virginia for a Make America Great Again rally and responded to reporters:

President Donald Trump on Tuesday responded to the news that his former campaign chief, Paul Manafort, and Michael Cohen, his former longtime lawyer and fixer, were now both felons.

“Paul Manafort is a good man… it doesn’t involve me but it’s a very sad thing… it had nothing to do with Russian collusion,” Trump told reporters during a campaign trip to West Virginia. Trump pointedly ignored any mention of Cohen, who implicated Trump in two counts of felony campaign finance violations.

–Update by Dana

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