Friday, August 24, 2018

The legal situation explained...

So I spend a little time over my lunch catching up on some of the legal experts who are currently combing over the revelations of the Michael Cohen plea. There are obviously several different opinions as to whether or not Michael Cohen plead to an act that wasn't criminal, As many have pointed out, both the law and precedent seems to be on the President's side on this one.

But even if you concede that the payment to Stormy Daniels was in fact a "campaign contribution" there is still a fairly steep climb to get from Michael Cohen to the President. The most obvious is that the President is "allowed" to make campaign contributions for any amount. Even though Cohen "admits" to making the campaign contribution, the facts show that he was paid back. A plea bargain is not going to trump the financial facts of the situation (pun intended).


The second issue is that while a prosecutor might be able to convince a jury that an attorney might understand complex campaign contribution laws and had an intent to break them, it's less likely that you can claim that Trump (who seemed to handle almost none of this personally) was understanding of all of the ramifications. Without proving an absolute "intent" by the President, a campaign violation is simply a civil manner.

While some are making a big deal that immunity was provided to David Pecker, and Allen Weisselberg (CEO of Trump organization), those revelations might not be that harmful to the President. Contrary to what many are "implying" it is very likely that these immunity agreements are literally months old, and came at the beginning of the investigation into Michael Cohen. There is (at this point) no indication that it signals anything specific as it pertains to the President.

Apparently how it worked is that much of Trump's funds were tied up (due to the election) in a trust that was being handled by the Trump organization. So when the funds were transferred from Trump to Cohen, the transfer was actually handled by the Trump Organization (out of Trump's personal trust). The money (which turned out to be $420,000 all in all) was transferred to the Corporation that Cohen set up. $360,000 was provided to Daniels (as to net to $180,000 after taxes). $50,000 was for technology services. Another $60,000 was provided to Cohen as a bonus.

Now all of this all took place in the height of the Presidential campaign when Trump was out campaigning. To pretend that he understood anything about this deal, other than he was paying Stormy Daniels to keep her mouth shut, would be a tough case to make. To make a campaign violation a criminal offense requires intent to break the law. Only by parsing this down to the microscopic level, does this become a campaign violation, and most certainly a violation that most people would not see as obvious.

So, what exactly is the Trump Organization on the hook for?

Apparently, the problem here is that the agreement between the Trump Organization (representing the Trump trust) and Michael Cohen was that Cohen would provide monthly invoices to the Trump organization for $35,000, which over the course of a year would make up the $420,000 overall reimbursement.  The State of New York are apparently investigating whether those invoices should be considered "fraudulent" because they reference a legal retainer (which the State would claim never existed).  Not sure what the criminal or civil liability is for "fraudulent invoicing" but I am guessing we will all find out soon.

36 comments:

commie said...

The legal situation explained...
So I spend a little time over my lunch catching up on some of the legal experts who are currently combing over the revelations of the Michael Cohen plea. There are obviously several different opinions as to whether or not Michael Cohen plead to an act that wasn't criminal, As many have pointed out, both the law and precedent seems to be on the President's side on this one.


Simple explanation....Trump is fucked, but will fight on till he kills all hopes for November!!!!! Good! Your vain attempt at rationalizing why you are getting your ass kicked is most amusing to my bias!.....Cohen gave up both Pecker and the CFO who have corroborated what went on....That you avoided that, I must presume you have nothing but what you wanted to hear posted...No surprise there especially with your recent track record of being wrong....LOLOL

commie said...

I'm guessing Mueller has a whole lot more shit on trump than we can imagine!!!! And if the piling on continues....the trump foundation will also be in jeopardy as well as the kids!!! Running the country the way he bullied around NY is coming to an end and the end will also be for your so called party of Lincoln as polls keep crashing!!!

commie said...

What goes around comes back in spades....There are good nazi's and He liked war hero's who weren't captured.....


The week Trump's own words caught up with him
David Knowles 3 hours ago


President Trump at a rally in support of the Senate candidacy of West Virginia Attorney General Patrick Morrisey, Aug. 21, 2018. (Photo: Craig Hudson/Charleston Gazette-Mail/AP)


Since before he was elected president, Donald Trump has operated in the belief that he can control his narrative through sheer force of will — and words. Day after day, he floods the airwaves with messages — ad-libbed speeches, off the cuff remarks and incendiary tweets — whose effect is to keep the world’s attention squarely on him.

As he explained at a July rally in Granite City, Ill., the advantage of never relinquishing the spotlight is “it’s covered live, much of it, and when I say it they can’t do anything about it.”

But this week, Trump’s relentless stream of words seems to have come back to haunt him, and may yet make the president want to reconsider his “it’s all about me” communications strategy. Trump’s problems largely grew out of things that he himself is alleged to have said.

It began on Sunday, when he issued a flurry of tweets blasting the New York Times for its report that White House counsel Don McGahn has been cooperating extensively with special counsel Robert Mueller’s Russia investigation.

Anonymous said...

Lol @ Wobbly Opie

Anonymous said...



So, what exactly is the Trump Organization on the hook for?


hillary clinton's loss. period. full stop.


Anonymous said...

When Does Mueller pivot to the Democrats ?

Anonymous said...




from the "guam is tipping over" files -

The president does not have to commit a crime to be impeached.

https://www.breitbart.com/video/2018/08/24/dem-rep-green-trump-doesnt-need-to-commit-a-crime-to-be-impeached-218-house-members-decide/


there must be a daily contest on the left for "dumb fuck of the day."

Anonymous said...

After all Mueller investigation is about Russian Interference in the US Election. Right?

commie said...


After all Mueller investigation is about Russian Interference in the US Election. Right?

Wrong.....Idiot

Anonymous said...




Despite Comey Assurances, Vast Bulk of Weiner Laptop Emails Were Never Examined


https://www.realclearinvestigations.com/articles/2018/08/22/despite_comey_assurance_vast_bulk_of_weiner_laptop_emails_never_examined.html



comey belongs in a federal prison for life without the possibility of parole.

there is no bigger shitstain on the fabric of american law enforcement.

Anonymous said...


Blogger KD said...
After all Mueller investigation is about Russian Interference in the US Election. Right?


not really...

There is no allegation in this indictment that any American citizen committed a crime. There is no allegation that the conspiracy changed the vote count or affected any election result.

http://time.com/5338451/rod-rosenstein-russian-indictment-transcript/

Coldheartedtruth Teller said...

What did he know and when did he do it?

The warning lights of growing legal jeopardy are flashing red. His former lawyer and campaign manager are going to jail, the lawyer has implicated him in a federal crime, and now his CFO and the head of the National Enquirer have been given immunity to share what they know.

Why it matters,

For the first time, I’m hearing real fear.

The latest:

Trump organization CFO Allen Weisselberg has been granted immunity to talk to federal prosecutors about the payments former Trump lawyer Michael Cohen made during the 2016 campaign to two women who had affairs with Trump, per the Wall Street Journal. What does he have in the safe?


That follows the news of another immunity deal with David Pecker, CEO of American Media, Inc., which publishes The National Enquirer, over the same issue. Pecker was friendly with Trump, and the Associated Press reports that the National Enquirer had a safe with records of damaging stories about Trump that were bought and buried — a practice called "catch and kill."


And Cohen's guilty plea set the stage by accusing "Individual-1" — guess who — of ordering him to pay the hush money to keep the women from talking about the affairs. That would be a violation of campaign finance law.
All of this goes way beyond the Robert Mueller investigation.

Anonymous said...




you really got him this time alky!!!11!

by a fucking landslide!!!11!!




LOL.

commie said...

by a fucking landslide!!!11!!

Yep...the landslide is falling on trumps fat white ass......when will he go???????

commie said...

comey belongs in a federal prison for life without the possibility of parole.

For what??????? The speculation on what was on weiners lap top is amusing.....he was a low life exhibiionist who is disgraced and separated....nothing to see there! Nothing like living in the past, it is all you got left...BWAAAAAAAAAA!!!

Coldheartedtruth Teller said...

This has been the worst week of his Presidency?

Coldheartedtruth Teller said...

Well Scott (The most obvious is that the President is "allowed" to make campaign contributions for any amount.) This is where it gets complicated. The source of the money? Because it wasn't disclosed it gets close to criminal violence of campaign law. Hard to prove? His CFO is probably the source of damaging information on the Air force one "no" that has been proven incorrect.

The Muller people are not to be taken lightly.

Anonymous said...

This has been the worst week of his Presidency?" Roger

Oh hell yes. I think so.

Anonymous said...
This comment has been removed by the author.
Anonymous said...

"The source of the money? Because it wasn't disclosed it gets close to criminal violence " alky

New charge ( aka shoe).

Anonymous said...

The Muller people are not to be taken lightly."

Ok, should the Democrats be worried?

Or is Mueller Only going to be looking only @ Republicans?

Coldheartedtruth Teller said...

It was a bruising week for Trump, with a trio of men who are intimately familiar with his secrets and business dealings now cooperating with prosecutors. First, Trump's former personal attorney, Michael Cohen, implicated him in testimony about hush money payments to two women who allege affairs with him. On the same day, his former campaign chairman was found guilty on a slew of financial charges. At least Paul Manafort had nothing to say about Trump or his campaign.

Coldheartedtruth Teller said...

Trump is never going to get the DOJ to lock her up.

Anonymous said...

Is she innocent of all wrong doings?

Anonymous said...

Bad week, yep.

What Happens Saturday.
Trump is still President.
Kavanaugh is confirmed soon. Changing the Court for a Generation.

C.H. Truth said...

Because it wasn't disclosed it gets close to criminal violence of campaign law. Hard to prove? His CFO is probably the source of damaging information on the Air force one "no" that has been proven incorrect.

You don't say?

This whole thing is set up to look like a business transaction. Almost as if they didn't actually consider it a campaign expenditure. But I suppose that is what makes it so clever, huh?

Anonymous said...

Nothing like living in the past, it is all you got left" The Dopie.

Coldheartedtruth Teller said...

You don't say...

But I suppose that is what makes it so clever, huh?

If you believe that it wasn't a campaign expenditure, why exactly what was it directed to silence Daniels? If buying her silence it's not just a business expenditure. If the allegations of an affair had surfaced prior to election day, Hillary Clinton would probably be the 45th President of the United States.

If Trump hires you to represent him in the court of law you would have a big fan base on the blog.

Coldheartedtruth Teller said...

In regards to Trump, his spirit remains tyrannical—that is, utterly self-absorbed and self-concerned, indifferent to the suffering of others, knowing no moral restraint. He expects fealty and gives none. Such people can exert power for a long time, by playing on the fear and cupidity, the gullibility and the hatreds of those around them.

He has turned you into a cultist.

https://www.theatlantic.com/politics/archive/2018/08/the-end-of-trumps-reign/568480/

Coldheartedtruth Teller said...

This might be the worst thing for the worst week of the President.

- A former Trump World Tower doorman who says he has knowledge of an alleged affair President Donald Trump had with an ex-housekeeper, which resulted in a child, is now able to talk about a contract he entered with American Media Inc. that had prohibited him from discussing the matter with anyone, according to his attorney.

CNN

Coldheartedtruth Teller said...


(CNN) - A former Trump World Tower doorman who says he has knowledge of an alleged affair President Donald Trump had with an ex-housekeeper, which resulted in a child, is now able to talk about a contract he entered with American Media Inc. that had prohibited him from discussing the matter with anyone, according to his attorney.
On Friday, Marc Held -- the attorney for Dino Sajudin, the former doorman -- said his client had been released from his contract with AMI, the parent company of the National Enquirer, "recently" after back-and-forth discussions with AMI.
CNN has exclusively obtained a copy of the "source agreement" between Sajudin and AMI, which is owned by David Pecker.
The contract appears to have been signed on Nov. 15, 2015, and states that AMI has exclusive rights to Sajudin's story but does not mention the details of the story itself beyond saying, "Source shall provide AMI with information regarding Donald Trump's illegitimate child..."
The contract states that "AMI will not owe Source any compensation if AMI does not publish the Exclusive..." and the top of the agreement shows that Sajudin could receive a sum of $30,000 "payable upon publication as set forth below."
But the third page of the agreement shows that about a month later, the parties signed an amendment that states that Sajudin would be paid $30,000 within five days of receiving the amendment. It says the "exclusivity period" laid out in the agreement "is extended in perpetuity and shall not expire."
The amendment also establishes a $1 million payment that Sajudin would be responsible for making to AMI "in the event Source breaches this provision."
"Mr. Sajudin has been unable to discuss the circumstances regarding his deal with American Media Inc. and the story that he sold to them, due to a significant financial penalty," Held told CNN. "Just recently, AMI released Mr. Sajudin from the terms of his agreement and he is now able to speak about his personal experience with them, as well as his story, which is now known to be one of the 'catch and kill' pieces. Mr. Sajudin hopes the truth will come out in the very near future."
In April, Sajudin told CNN he claims to have knowledge of a relationship Trump had with his former housekeeper that resulted in a child.
At the time, AMI called Sajudin's story "not credible" and denied any connection between the story and Trump and his then-personal attorney Michael Cohen.
The White House did not respond to CNN's requests for comments in April.
CNN has contacted AMI to clarify whether Sajudin has now been released from the contract to be able to speak on terms of the agreement and to seek reaction on this latest development, but has yet to receive a response.


Sajudin's allegation that Trump fathered a child out of wedlock has not been independently confirmed by any of the outlets that have investigated the story.
Held said he cannot give the exact date the agreement was terminated, per another agreement the attorney made with AMI in order to get his client out of the contract.



In that deal, he pleaded guilty to paying $130,000 to former adult film star Stormy Daniels, whose real name is Stephanie Clifford, to conceal her story of an alleged affair with Trump. He also pleaded guilty to working with AMI to pay off former Playboy model Karen McDougal in a similar "catch and kill" agreement in order to keep her allegations of an affair with Trump from being published. Trump has denied an affair with both women.
Pecker has received immunity in the Cohen case for providing details of the payments to prosecutors, a source confirmed to CNN on Friday.
TM & © 2018 Turner Broadcasting System, Inc.
A WarnerMedia Company.
All Rights Reserved.

Coldheartedtruth Teller said...

Scott, do you believe that Trump didn't fuck either one of them?

If you believe him, you don't say.....

Why did he pay them to keep their mouths shut?

caliphate4vr said...

You are completely detached and unhinged

Anonymous said...



you really got him this time alky.

i mean, you have a doorman. and let me guess...

the doorman is ...

wait for it...













RUSSIAN!!!11!!




boom. devastation. or something like that.

Anonymous said...


oh wait..

Sajudin's allegation that Trump fathered a child out of wedlock has not been independently confirmed by any of the outlets that have investigated the story.
Held said he cannot give the exact date the agreement was terminated, per another agreement the attorney made with AMI in order to get his client out of the contract.


huh. well, this IS cnn we're talking about here.

oh well, it was a good story while it lasted, alky. better luck next time.


C.H. Truth said...

I wonder if Roger realizes that all that proves is that Donald Trump was paying off people for their stories (NDA) long before he was a candidate, which makes the argument that an NDA is a campaign expenditure (and not a persona expense) even sillier.