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Tags !MOD BOX WARNING! , donald trump , lawsuits , Michael Cohen , Stephanie Clifford , Stormy Daniels , Trump controversies

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Old 23rd August 2018, 02:13 PM   #2161
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Originally Posted by Trebuchet View Post
Cohen's lawyer was on the Teevee this morning saying Cohen would refuse to accept a pardon.

I have heard Cohen's lawyer on several news shows portraying Cohen as a selefless patriot who turned against Trump after he realized how bad Trump was for the US. He cites Helsinki as the turning point.
Sorry, but I am calling BS on that. Cohen turned on Trump because he knew the Prosecutors had him by the balls and his only chance was to make a deal.
I am glad Cohen turned on Trump, but let's not get confused about this motives.....
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Old 23rd August 2018, 04:01 PM   #2162
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Apparently, whether one can decline a presidential pardon isn’t black and white:

http://mentalfloss.com/article/54675...dential-pardon
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Old 23rd August 2018, 09:03 PM   #2163
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Originally Posted by Matthew Best View Post
If Cohen was so incompetent, why did Trump hire him?

He suddenly became incompetent when he wasn't willing to lie, cheat, and steal to protect Trump.

Why else?
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Old 24th August 2018, 07:01 AM   #2164
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Originally Posted by dudalb View Post
I have heard Cohen's lawyer on several news shows portraying Cohen as a selefless patriot who turned against Trump after he realized how bad Trump was for the US. He cites Helsinki as the turning point.
I've heard Helsinki mentioned by ex-Trumpies in other contexts. It may be a thing in the Trumpverse now.
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Old 24th August 2018, 08:29 AM   #2165
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Originally Posted by The Big Dog View Post
Cohen's caving on the Federal Election law charges was not just a gift, it was a set up and a scam. Under similar circumstances the FEC ruled that "After reviewing the campaign's financials for four years, the FEC determined last month that money Edwards' aides collected from wealthy donors Rachel "Bunny" Mellon and Fred Baron were "not campaign contribution[s]."
Similar, not same.

FEC guidance is not binding on federal prosecutors.

For those not willing to read LL's much better post on this topic.
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Old 24th August 2018, 09:18 AM   #2166
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Originally Posted by blutoski View Post
Quote:
Or maybe money is an issue... I believe another poster has pointed out that a 'gofundme' page was created to pay for his legal expenses. Perhaps he realizes that he could collect money if he actually cooperates with Mueller than if he stays silent. (Heck, if I were American I might consider throwing a few bucks his way... I don't trust Cohen but anything that hurts Trump is good.)
I get the impression Cohen won't see a nickel of the gofundme. At least not directly: It's for his lawyer.
Yes, I know the money will be for his lawyer and to pay for his defense. (I don't think any will be going to Cohen himself.)

But for Cohen, it would be better (financially and legally) to have a decent lawyer paid for by people who do not like Trump instead of a lawyer that he has to pay for himself (which could leave him in debt and/or with a less effective lawyer.)
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Old 24th August 2018, 10:38 AM   #2167
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Originally Posted by quadraginta View Post
He suddenly became incompetent when he wasn't willing to lie, cheat, and steal to protect Trump.

Why else?
You got it wrong:

as long as he was willing "to take a bullet for Trump", he was the best lawyer and fixer of all times, now and forever.
But since he has abandoned Trump, he is and has always been the worst lawyer, ever.
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Old 27th August 2018, 02:45 AM   #2168
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Originally Posted by Segnosaur View Post
Or maybe its a grasp at respectability. He knows he's going down for crimes, but figures he'd rather be seen as "the hero that implicated a corrupt president" instead of just another co-conspirator.

Or maybe money is an issue... I believe another poster has pointed out that a 'gofundme' page was created to pay for his legal expenses. Perhaps he realizes that he could collect money if he actually cooperates with Mueller than if he stays silent. (Heck, if I were American I might consider throwing a few bucks his way... I don't trust Cohen but anything that hurts Trump is good.)
Maybe but his guilty plea is not contingent on his cooperation. Unlike say Flynn.
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Old 27th August 2018, 02:47 AM   #2169
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Originally Posted by Dr. Keith View Post
Similar, not same.

FEC guidance is not binding on federal prosecutors.

For those not willing to read LL's much better post on this topic.
And we now know where the money came from(after rounding up from $130k to $400k for tax purposes like one does) The Trump Foundation.
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Old 27th August 2018, 04:57 AM   #2170
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I should also note that now that Cohen is no longer in legal jeopardy because of this case the civil case will continue. It seems that the only options are either

1. The president gets deposed for this lawsuit or

2. The president concedes that the settlement is not legally valid. And what ever photos and documents Stormy has become public record.
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Old 27th August 2018, 06:39 AM   #2171
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the loose end for me is Daniels' insistence that a man threatened her about Trump in a parking garage. I had assumed that the individual was a PI (or goon or whatever) hired by Cohen. But Cohen didn't cop to that.

So far, there hasn't been any clear evidence that Daniels has lied about anyhting. I'd like to see this part explained.
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Old 27th August 2018, 07:12 AM   #2172
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Originally Posted by ponderingturtle View Post
And we now know where the money came from(after rounding up from $130k to $400k for tax purposes like one does) The Trump Foundation.
Foundation or trust?

I’m not clear myself.
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Old 27th August 2018, 07:36 AM   #2173
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Originally Posted by ponderingturtle View Post
And we now know where the money came from(after rounding up from $130k to $400k for tax purposes like one does) The Trump Foundation.
No, not the Trump Foundation. Weisselberg ordered it to be paid by the trust that holds Trump Organization and Trump's other businesses. It's confusing because the Trump Foundation is under investigation for other self-dealing.
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Old 27th August 2018, 09:54 AM   #2174
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Originally Posted by WilliamSeger View Post
No, not the Trump Foundation. Weisselberg ordered it to be paid by the trust that holds Trump Organization and Trump's other businesses. It's confusing because the Trump Foundation is under investigation for other self-dealing.
And for paying settlements the family makes.
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Old 27th August 2018, 06:52 PM   #2175
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Originally Posted by Loss Leader View Post
the loose end for me is Daniels' insistence that a man threatened her about Trump in a parking garage. I had assumed that the individual was a PI (or goon or whatever) hired by Cohen. But Cohen didn't cop to that.

So far, there hasn't been any clear evidence that Daniels has lied about anyhting. I'd like to see this part explained.
I suspect that he copped to nothing that wasn't documented. If there's no recording or documentation of him calling in a favor from some local muscle why would he add a thug-like charge to his plea. I'm assuming the prosecution had no way to prove the charge so didn't put it on the table.

If it comes out at all, it'll be in the civil suit she has against Trump and Cohen. I doubt it'll be raised in the ongoing comedy show of the NDA suit, since that's been dropped, hasn't it?
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Old 28th August 2018, 03:07 AM   #2176
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Originally Posted by Foolmewunz View Post
I suspect that he copped to nothing that wasn't documented. If there's no recording or documentation of him calling in a favor from some local muscle why would he add a thug-like charge to his plea. I'm assuming the prosecution had no way to prove the charge so didn't put it on the table.

If it comes out at all, it'll be in the civil suit she has against Trump and Cohen. I doubt it'll be raised in the ongoing comedy show of the NDA suit, since that's been dropped, hasn't it?
I haven't heard anything about it. Trump certainly has not conceded it yet and there is no reason to keep the stay on deciding it going as Cohen pleaded guilty to the charges involved.
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Old 7th September 2018, 09:38 PM   #2177
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Originally Posted by ponderingturtle View Post
I haven't heard anything about it. Trump certainly has not conceded it yet and there is no reason to keep the stay on deciding it going as Cohen pleaded guilty to the charges involved.
Essential Consultants LLC filed today to vacate the NDA with Stephanie Clifford. . "The rescission will result in Ms. Clifford returning to Essential Consultants the $130,000 she received in consideration, as required by California law."

But her attorney Michael Avenatti says 'not so fast'. Ms Clifford will only return the money if Cohen and Trump are deposed. Here we go.
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Old 7th September 2018, 11:15 PM   #2178
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http://www.foxnews.com/politics/2018...agreement.html


Quote:
WASHINGTON – The company set up by Donald Trump's former personal attorney offered Friday to rescind Stormy Daniels' hush-money agreement and drop its planned $20 million lawsuit against the porn actress for allegedly violating the deal.
An attorney for Essential Consultants said the company wants Daniels to repay the $130,000 she was paid as part of the nondisclosure agreement, which was signed days before the 2016 presidential election, according to a letter included in a Friday night court filing.
Daniels, whose real name is Stephanie Clifford, claims she had an affair with Trump in 2006, which Trump denies, and was suing to invalidate the nondisclosure agreement.
Essential Consultants agreed to rescind Daniels' agreement and back off its plan to fight her in private arbitration. It would also drop its plan to sue Daniels for more than $20 million for violating the agreement by discussing her alleged relationship with Trump, Essential Consultants attorney Brent Blakely said in the letter to her lawyer.

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Old 8th September 2018, 12:27 AM   #2179
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Looks like Cohen is throwing in the towel, presumably because he needs the money and/or can't afford to take the matter further
https://www.huffingtonpost.co.uk/ent...b0cf7b003fd3c9
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Old 8th September 2018, 01:47 AM   #2180
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Score 1: Avenatti - 0: Cohen.
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Old 8th September 2018, 02:02 AM   #2181
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Originally Posted by Darat View Post
Looks like Cohen is throwing in the towel, presumably because he needs the money and/or can't afford to take the matter further
https://www.huffingtonpost.co.uk/ent...b0cf7b003fd3c9
But wasn't he paid back the$130,000. Surely it's no longer his so the money angle doesn't work.
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Old 8th September 2018, 02:04 AM   #2182
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Originally Posted by Darat View Post
Looks like Cohen is throwing in the towel, presumably because he needs the money and/or can't afford to take the matter further
https://www.huffingtonpost.co.uk/ent...b0cf7b003fd3c9
I had a bit of a look through the first part of the thread to see how well our self-proclaimed legal expert's predictions panned out compared to those who don't claim any special expertise.


d4m10n's looks to have been pretty accurate:
Originally Posted by d4m10n View Post
Trump has to choose one of two paths now:

A) Admit to being "David Dennison" and to having contracted to keep certain compromising information secret

B) Deny being "David Dennison," thereby freeing “PP” to discuss her relationship with “DD” (and sell any materials worth selling to whichever tabloid will buy them)

The former path seems like the obvious choice, except that the way in which Cohen drafted this particular NDA—at that particular time and given subsequent events—is quite probably . . .

1) A failure to disclose a campaign contribution in violation of federal law (52 U.S.C. 30101 et. seq.)

2) A failure to disclose a campaign contribution in violation of analogous California election law

3) A violation of the relevant laws governing LLC's, since paying to cover up a crime (adultery in New York) is not a lawful purpose

At least these are the problems related in the latest episode of Opening Arguments, which I commend to your podcast queue.


Originally Posted by The Big Dog View Post
But he and his campaign made thousands of legal payments during his campaign, this was allegedly just one more. If it wasn’t about sex, there is no way the teevee class would be befouling themselves like they have thus far.
acbytesla seems to have got this one right:
Originally Posted by The Big Dog
Originally Posted by acbytesla View Post
I don't know what you think happened but it clearly isn't something to gloat about. This is one of those situations where Trump can only lose...even if he wins. At best, it will be a Pyrrhic victory for him. In contrast, Avenatti and his client really can't lose. Oterro basically said to Avenatti, that he is going to go at his own pace not Avenatti and he isn't going to entertain his motions to depose before Cohen files to send it to arbitration. My bet is Cohen won't and they will end up releasing Daniels from the NDA.
oy vey....
I'm not sure this case is locked down tight for Trump:

Originally Posted by The Big Dog
Originally Posted by WilliamSeger View Post
I dunno, the smart thing for TrumpCo to do at this point would be to shut this whole thing down by not filing any more motions and try to back out of this mess as painlessly as possible. So, you're probably right: next step, motion to compel arbitration followed by much more entertainment. Meanwhile, I'm enjoying the thought that if Donnie ever collects any money from Daniels, which I seriously doubt, Melania will get half of that, too.
Well seeing as how there is no way to do that once one has been sued as a defendant, the smart thing is to shuffle as much of the case over to arbitration and get that locked down tighter than a tick on a titmouse and get whatever is left dismissed or stayed.
And this seems to have fallen over too

Originally Posted by The Big Dog
Originally Posted by acbytesla View Post
Pretty sure I did. The NDA was campaign hush money and if you dont believe that, you're an idiot. The question for the court is do we think such agreements should be valid?
Yeah, I explained about 5 times that the FEC has jurisdiction over campaign financing.

Taking the candidate out of it? no question that paying your **** buddy to not blab is not illegal, and no way a judge is going to find a public policy interest in disclosing who you **********.

it is fine, everyone else gets it.
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Old 9th September 2018, 06:14 AM   #2183
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Now that Trump's attorney has admitted, in a court filing, that Trump was never a party to the NDA, can we all agree that Stormy Daniels spanked Trump's ass?
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Old 9th September 2018, 06:49 AM   #2184
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Here's just one of the legal briefs of The Big Dog:


Originally Posted by The Big Dog View Post
The Donald fully performed each and everyone of the requirements under the contract, and as such the arbitration agreement is enforceable despite the fact that the copy we have seen thus far is not signed! JATSEK CONSTR., CO., INC. v. BURTON SCOT CONTRS., LLC,

And in reality ... Both Trump and Cohen now say that the NDA was never enforceable.
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Old 9th September 2018, 08:49 AM   #2185
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Originally Posted by Loss Leader View Post
Here's just one of the legal briefs of The Big Dog:


And in reality ... Both Trump and Cohen now say that the NDA was never enforceable.
Couple of points. What you posted does not contradict my astute legal analysis

Where did Trump claim that the NDA was not enforceable?
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Old 9th September 2018, 10:09 AM   #2186
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Originally Posted by The Big Dog View Post
Couple of points. What you posted does not contradict my astute legal analysis

Where did Trump claim that the NDA was not enforceable?

Right here:

Trump seeks to move past Stormy Daniels lawsuit, says 2016 deal was never valid
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Old 9th September 2018, 11:01 AM   #2187
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Originally Posted by Loss Leader View Post
Not quite,

https://www.documentcloud.org/docume...upplement.html

But close enough.
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