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Q&A: What Cohen’s Plea And Manafort’s Verdict Mean For Trump


Tuesday was a bad day in court for former associates of President Donald Trump, and it could foreshadow hard days ahead for the president.

In a New York courtroom, Trump’s former personal lawyer and “fixer,” Michael Cohen, pleaded guilty to campaign-finance violations. Cohen said Trump directed him to arrange the payment of hush money to two women, acknowledging the payments were made to influence the election.

In Virginia, a jury found former Trump campaign chairman Paul Manafort guilty of eight financial crimes unrelated to the campaign. It was the first trial victory for prosecutors in the office of special counsel Robert Mueller, whose investigation Trump has derided as a witch hunt.

What do the developments mean for the president? Some questions and answers:

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DOES COHEN’S GUILTY PLEA MEAN TRUMP VIOLATED THE LAW?

Cohen said in court that he made one payment “in coordination and at the direction of a candidate for federal office” and the other “under direction of the same candidate.” The amounts and dates all line up with the payments made to the two women.

Prosecutors did not go as far as Cohen did in open court in pointing the finger at the president, saying Cohen acted “in coordination with a candidate or campaign for federal office for purposes of influencing the election.” Legal experts said there could be multiple reasons for government lawyers’ more cautious statements.

Daniel Petalas, former prosecutor in the Justice Department’s public integrity section, said the issue of whether Trump violated the law comes down to whether Trump “tried to influence an election, whether he knew and directed it and whether he knew it was improper.”

But Trump’s attorney Rudy Giuliani said in a statement: “There is no allegation of any wrongdoing against the President in the government’s charges against Mr. Cohen.”

Trump denied to reporters in April that he knew anything about Cohen’s payments, though the explanations from the president and Giuliani have shifted multiples times since.

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DOES COHEN’S PLEA MEAN TRUMP COULD BE FORCED TO SUBMIT TO QUESTIONS?

Trump’s lawyers have been negotiating with Mueller about whether the president would submit to an interview as part of Mueller’s Russia investigation. Now one woman’s attorney Michael Avenatti says he’ll renew efforts to get Trump to submit to a deposition in a lawsuit filed to invalidate a nondisclosure agreement she signed ahead of the 2016 election.

Avenatti tweeted that the Cohen pleas should “permit us to proceed with an expedited deposition of Trump under oath about what he knew, when he knew it, and what he did about it.”

The woman’s case is currently on hold, but Avenatti said he’ll be looking to get that hold lifted.

The Supreme Court in 1997, ruling in a harassment lawsuit brought by Paula Jones against President Bill Clinton, held that a sitting president could be made to answer questions as part of a lawsuit. But that ruling did not directly address whether a president could be subpoenaed to testify in a criminal investigation, a question the Supreme Court may have to confront if Mueller tries to compel Trump’s testimony in his probe.

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IF THERE IS EVIDENCE OF WRONGDOING, CAN TRUMP BE INDICTED?

The Justice Department’s Office of Legal Counsel, which provides legal advice and guidance to executive branch agencies, has held that a sitting president cannot be indicted.

Trump’s lawyers have said that Mueller plans to adhere to that guidance, though Mueller’s office has never independently confirmed that. There would presumably be no bar against charging a president after he or she leaves the White House.

Sol Wisenberg, who conducted grand jury questioning of Clinton as deputy independent counsel during the Whitewater investigation, said he still wanted to see more details of Cohen’s plea deal. But he said: “Obviously it’s not good for Trump. The stuff is not good for Trump.”

“I’m assuming he’s not going to be indicted because he’s a sitting president,” Wisenberg said. “But it leads him closer to ultimate impeachment proceedings, particularly if the Democrats take back the House.”

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HOW DOES COHEN’S PLEA RELATE TO THE MUELLER INVESTIGATION?

While the Manafort case was part of Mueller’s investigation, the Cohen case was not. It was handled by prosecutors in New York. Still, it could give Mueller a boost.

Laurie Levenson, a former federal prosecutor and professor at Loyola Law School in Los Angeles, argued that Cohen’s plea knocks back the argument that the investigations swirling around Trump are a “witch hunt,” as the president has called Mueller’s Russia investigation.

“No longer can you say Mueller is on a witch hunt when you have his own lawyer pleading guilty to things that were designed to impact the election,” she said.

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COULD TRUMP PARDON HIMSELF?

Trump has already shown he’s not afraid to use his pardon power, particularly for those he has viewed as unfair victims of partisanship. He pardoned Joe Arpaio, the former Arizona sheriff who clashed with a judge on immigration, and I. Lewis “Scooter” Libby, a Bush administration official convicted of perjury and obstruction of justice in a leak case.

As for whether a president can pardon himself, not surprisingly, courts have never had to answer that question. Giuliani, Trump’s lawyer, has said it won’t come to that anyway.

“Pardoning himself would be unthinkable and probably lead to immediate impeachment,” Giuliani told NBC’s “Meet the Press” in June. “And he has no need to do it, he’s done nothing wrong.” Still, Giuliani argued that Trump “probably does” have the power to pardon himself.

(AP)



5 Responses

  1. So they think they caught him doing inappropriate things with a questionable woman. Note there is no evidence other than the statements of people known for lack of integrity. President Clinton has a similar problem, and it turned out most Americans thought the Congress was wasting time and taxpayer money going after him, and the Republicans paid a price for it. And remember that Clinton was elected as a paragon ov virtue, and Trump’s pre-presidential image was as a shady “wheeler-dealer” of questionable ethics – meaning no shock value in accusing Trump of consorting with immoral people.

    And in the meanwhile, if the economy goes bad, the Republican will blame it on the Democrats having undermined Trump, but if the economy continues to do well the Republicans will still get the credit. And if the Democrats get rid of Trump, the “deplorables” will back the loyal Pence as the “chosen successor”, who it turns out is an old-fashioned conservative Republican who can unify the Republican party.

    It seems the Democrats are in a lose-lose situation.

  2. “the payments were made to influence the election.”

    Maybe it is because I am from Canada, but don’t you guys out there in the United States spend all that campaign money (like half-a-Billion or so per Presidential candidate) specifically to “influence the election”, or is all that money just donations to keep the economy afloat?

  3. Facts matter, manafort is a convicted felon. Cohen pled guilty to being a felon. Under oath Cohen declared the lying degenerate adulterer coward of being a co-conspirator in an illegal campaign finance crime. Trump is on record lying about knowing about the hush money payment to Daniels and on tape discussing the payment with Cohen. The truth IS the truth.

  4. All I can say is that I see no crime in a candidate spending money on his own election campaign. In fact, election spending rules allows the candidate an unlimited amount of spending from his (or her) own pocket. But the system has long lost credibility anyway.

    I will give Judge Reade as an example (famous for the appalling sentence she gave Rubashkin while giving only 2 years to William Aossey who was convicted of 15 felonies (regarding Halal meat).

    Reade’s husband owned stock in private prisons, and it was revealed in 2017 (last year) that just 5 days before the big (secret) raid on Rubashkin that nabbed 389 he bought even more stock (and that was the only stock activity for the month). Anyone think that should be investigated?

    And the affidavid filed to support the raid stated (to quote Wikipedia):

    > 697 criminal complaints and arrest warrants against persons believed to be current employees,” and to have acted criminally

    What “criminal” actions did these workers commit (being undocumented, or being here illegally, is not a “crime” – it is a civil offense).

    The workers used social security numbers and paid into the social security in other people’s names. That was characterized as “identity theft” and in that way used to pressure these guys to confessing to the serious felony of identity theft (in return for a “light” sentence instead of 5 years or so) and then jailed and deported. Paying money for people was “identity theft”.

    Only two of hundreds were brave enough to go to trial instead of “confessing” and the Supreme Court, in a unanimous decision (9 of 9) across party lines threw out that blatantly ridiculous and unprecedented interpretation of “identity theft” (too late for those hundreds already convicted, jailed and deported).

    That is an example of how these things work. Who among you actually has trust in it?

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