[View here as a Twitter thread]
I finally started reading Cohen’s sentencing memo. https://assets.documentcloud.org/documents/5360474/Gov-Uscourts-Nysd-505539-8-0.pdf …Someone made a comment on one of my threads. I can’t find it now: The person commenting suggested that when Cohen said he’d take a bullet for Trump, he was anticipating this moment.
Notably, in his memo, Cohen explains that his lawbreaking was from “his vigor in promoting Client-1’s interests in the heat of political battle” which “led him to abandon good judgment and cross legal lines.” The memo stresses his loyalty.
He also said he was acting on Trump’s instructions when he paid off two women to keep them from coming forward with sexual allegations. Did Trump suborn perjury or engage in witness tampering? The memo shies away from saying so.
Cohen doesn’t say he made false statements at Trump’s direction, though. He said he liked to “to support and advance Client-1’s political messaging.” Also, as he lied, he “remained in close and regular contact with White House-based staff and legal counsel to Client-1.”
This is a pattern I’ve noticed with the Mueller docs. They get close, but don’t actually implicate Trump. Now I see the same with the Cohen memo. Trump’s supporters are no doubt gleeful to see the accusations stop short. I suspect Mueller isn’t ready to show his cards yet.
Answering a few questions: Yes, Cohen does point to a (likely) crime Trump committed: Directing the payment to Stormy Daniels (which is most likely) in violation of campaign finance law. But Cohen already told us this, under oath, so it isn’t new info.
Gonzo, I’ve never personally seen such a case where the prosecution approved the defense memo. I also have limited experience as a criminal defense trial lawyer. Generally the defense wants a shorter sentence than the prosecution. This means that their interests are not completely aligned, so Cohen’s lawyers are obligated (under their duties as advocates) to present any information that would mitigate Cohen’s sentence. Notice I said “generally.”
There is nothing ordinary about a case in which we’re discussing whether criminal conduct of a sitting president should be included in a defense memo. And it’s possible the prosecution and defense interests are entirely lined up. So you see it’s tricky to answer the question of whether Cohen would leave out facts that would make Trump look bad.
His “regular contact” was with WH staff and counsel. I’d expect WH staff & lawyers to be savvier than that and not actually tell people to lie. What Cohen describes is more likely: He understood by implication what was expected to do, and did it.
I’m not worried, though, about whether Trump can be nailed down on suborning perjury. Right now prosecutors are looking at money laundering & tax fraud, which usually can be proven with just documents (so they’re easier to prove). And the Foreign Corrupt Practices Act,
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