Michael Cohen’s Sentencing Memorandum Is More Bad News For Trump.

Beginning before the entry of his plea on August 21, 2018, and continuing thereafter through late November, Michael participated in seven voluntary interview meetings with the Special Counsel’s Office of the Department of Justice (“SCO”). He intends to continue to make
himself available to the SCO as and when needed for additional questioning . . .
Michael has similarly met voluntarily with representatives of the New York State Office of the Attorney General (“NYAG”) concerning a state court action in which the NYAG has sued the Donald J. Trump Foundation and certain individual defendants, including Donald J. Trump. He also provided the NYAG with documents concerning a separate open inquiry. As above, Michael intends to make himself available to the NYAG to provide any additional cooperation it may
request in these matters. Michael, following his plea, additionally waived subpoena and met on an expedited basis with the New York State Department of Taxation and Finance (“DTF”), and has cooperated
personally and through counsel and tax professionals with requests for information from DTF.
For what it says about Michael’s fortitude and fundamental character, the significance of his cooperation with the SCO falls outside of the ordinary framework in which courts routinely assess
cooperation in criminal cases. It states the obvious to observe that this matter is unique. Michael is cooperating in a setting in which the legitimacy of the SCO’s investigation – and the rationale for
its very existence – is regularly questioned publicly and stridently by the President of the United States . . . In the context of this raw, full-bore attack by the most powerful person in the United States, Michael, formerly a confidante and adviser to Mr. Trump, resolved to cooperate, and voluntarily took the first steps toward doing so even before he was charged in this District . . . He took these steps, moreover, despite regular public reports referring to the President’s consideration of pardons and pre-pardons in the SCO’s investigation . . . he acted knowing that the result would be personal attacks on him by the President, a bevy of advisers
and public relations specialists, and political supporters of the President . . . as well as threats to him.
Michael himself did not make the payment to Karen McDougal called for by the agreement reached between AMI and Karen McDougal, but participated in planning discussions with Trump and the Chairman and CEO of AMI relating to the payment made by AMI, including obtaining the commitment of Trump to repay AMI.
Michael made a payment to the lawyer for Stormy Daniels in coordination with and at the direction of Donald Trump, and others within the Company . . . Michael kept his client [Trump] contemporaneously informed and acted on his client’s instructions.
Michael’s false statements to Congress likewise sprung regrettably from Michael’s effort, as a loyal ally and then-champion of President Trump, to support and advance President Trump's political messaging.
in the weeks during which his then counsel prepared his written response to the Congressional Committees, Michael remained in close
and regular contact with White House-based staff and legal counsel to President Trump . . . As such, he was
(a) fully aware of Trump's repeated disavowals of commercial and political ties between himself and Russia, as well as the strongly voiced mantra of President Trump that investigations of such ties were politically motivated and without evidentiary support, and (b) specifically knew, consistent with Trump's aim to dismiss and minimize the merit of the SCO investigation, that President Trump and his public spokespersons were seeking to portray contact with Russian representatives in any form by Trump, the Campaign or the Trump Organization as having effectively terminated before the Iowa caucuses of February 1, 2016.
  • For all the damage to Trump Cohen has already done, he is still cooperating. More of this is sure to come.
  • Cohen’s cooperation includes investigations of Trump, and his children, by the State of New York, which Trump cannot pardon.
  • Trump was personally a co-conspirator in criminal campaign finance violations.
  • Members of the Trump Administration may have coordinated with Cohen his false testimony to Congress about his conversations with Russians on behalf of Trump. If so, they would guilty of conspiracy for that offense, and possibly witness tampering. While the Sentencing Memorandum does not name those individuals, or get into the specific nature of those conversations, you can bet those specifics have been part of Cohen’s long talks with Team Mueller.

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Keith

Keith

Retired lawyer & Army vet in The Villages of Florida. Lifelong: Republican (pre-Trump), Constitution buff, science nerd & dog lover. Twitter: @KeithDB80