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Explainer: What legal risks does Cohen's testimony pose to Trump?

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Explainer: What legal risks does Cohen's testimony pose to Trump?

By Jan Wolfe

 

2019-02-27T214603Z_1_LYNXNPEF1Q1U8_RTROPTP_4_USA-TRUMP-RUSSIA-COHEN-EXPLAINER.JPG

FILE PHOTO: U.S. President Donald Trump participates in a healthcare roundtable in the Roosevelt Room of the White House in Washington, U.S., January 23, 2019. REUTERS/Kevin Lamarque/File Photo

 

WASHINGTON (Reuters) - Testimony by Michael Cohen, President Donald Trump's former lawyer and "fixer," to a U.S. congressional committee on Wednesday highlighted several legal risks Trump may face.

 

Among his claims, Cohen said the Republican president reimbursed him for making "hush money" payments to two women ahead of the 2016 U.S. presidential election and that Trump knew in advance that the Wikileaks website planned to release hacked emails damaging to his Democratic opponent Hillary Clinton.

 

The U.S. Justice Department for decades has held the position that a sitting president cannot face criminal charges, though some lawyers disagree with that conclusion. Under the U.S. Constitution, a president can be impeached by Congress for "high crimes and misdemeanours" and removed from office. Trump also could face criminal charges after leaving office.

 

Trump and his supporters have called Cohen a liar trying to reduce his prison time after pleading guilty to a series of federal criminal charges.

Here is a look at some of Cohen's statements and whether they may implicate Trump in criminal conduct.

 

'HUSH MONEY' PAYMENTS

Cohen's testimony and a check he provided to the House of Representatives Committee on Oversight and Reform that he said was personally signed by Trump potentially could be used by prosecutors to build a campaign finance law violation case against the president, legal experts said.

 

Cohen said Trump directed him to make a $130,000 hush money payment to adult film actress Stormy Daniels days before the election to cover up what she has called a sexual encounter with Trump. Trump has denied the relationship and said the payment was made to stop her "false and extortionist accusations."

 

Cohen gave the committee a copy of two $35,000 checks issued in 2017, one that Cohen said was signed by Trump and the other signed by his son Donald Trump Jr. to reimburse Cohen for paying off Daniels.

 

Cohen pleaded guilty in August to campaign finance law violations for his role in orchestrating the secret "hush money" payments to Daniels and a second woman who also said she had a sexual relationship with Trump.

 

Under federal law, individual campaign contributions cannot exceed $2,700 per election and must be disclosed. Contributions are defined as payments intended to influence the election.

 

Trump's lawyers have said the payment was not a campaign contribution because it was made to protect Trump's reputation, not to influence the election.

 

MOSCOW TRUMP TOWER

David Sklansky, a former federal prosecutor, said prosecutors potentially could use Cohen's testimony to build a criminal conspiracy case against Trump regarding false testimony to Congress concerning a Moscow real estate deal that was long discussed but never actually materialized.

 

Cohen testified that, during the 2016 campaign, Trump "made clear" to him that Cohen should lie and say negotiations to build a Trump tower in Moscow ended before the state-by-state Republican primaries began when actually the talks continued for months after that. Cohen pleaded guilty in August to lying to Congress in a 2017 statement in which he had said the talks ended in January 2016 instead of June 2016.

 

Cohen said Trump did not explicitly direct him to lie but looked him "in the eye" and relayed the false version of events.

 

"In his way, he was telling me to lie," Cohen said, adding that Trump's personal lawyers "reviewed and edited my statement to Congress."

 

It is a federal crime to "knowingly and willfully" give false statements to Congress. It is also illegal to conspire with someone to provide false testimony.

 

"He is saying Trump made clear 'you should lie, and this is the story you should tell' - not in as many words, but in a manner that was clear to both of them," Sklansky said.

 

HACKED DEMOCRATIC EMAILS

If Trump knew about and endorsed Russian efforts to hack Democratic National Committee emails embarrassing to Clinton that later were released by the Wikileaks website, this could be used by prosecutors to build a conspiracy case against the president, legal experts said.

 

Trump could also face liability under election laws if he solicited help from a foreign power, they said.

 

Cohen said Trump knew from his longtime adviser Roger Stone there would be "a massive dump of emails that would damage Hillary Clinton's campaign" ahead of the election.

 

U.S. intelligence agencies have said the emails were stolen as part of Russia's campaign of hacking and propaganda aimed at sowing discord in the United States and boosting Trump's candidacy. Russia has denied it. Trump has denied collusion.

 

Stone has pleaded not guilty to charges brought by Special Counsel Robert Mueller that Stone lied to Congress about his knowledge of plans by Wikileaks to release the hacked emails.

 

TRUMP TOWER MEETING

Prosecutors could look at whether Trump violated federal election laws by soliciting a campaign contribution from a foreign national in relation to a June 2016 meeting between senior members of his campaign including his son Donald Trump Jr. and a Kremlin-linked Russian lawyer.

 

Cohen said he witnessed Trump's son tell his father in a low voice, "The meeting is all set." Cohen said he suspected this was in reference to the meeting with a group of Russians who had offered "dirt" about Clinton. Trump has denied knowing about the meeting in advance but has defended it as a "totally legal" effort to gain a campaign edge.

 

Under U.S. election law, presidential campaigns cannot accept or even "solicit" campaign contributions from foreign nationals. Opposition research on Clinton would qualify as a contribution, said Jessica Levinson, an election law professor at Loyola Law School in Los Angeles.

 

"If he said, 'Take that meeting, I want dirt on Hillary,' I think that could give rise to a federal election law violation," Levinson said of the president.

   

WEALTH AND TAX CLAIMS

Trump potentially could face tax fraud charges related to deflating assets to lower his taxes - depending on the steps taken, legal experts said.

 

Cohen testified Trump inflated his assets when it served him, including to the magazine Forbes, which tracks the wealth of the richest people in the United States and the world, and deflated his assets to lower his real estate taxes. It is not a crime to lie to Forbes or the general public.

 

Cohen said Trump inflated his assets to obtain a loan from Deutsche Bank. If true, this could violate federal law that bars lying on loan applications.

 

THE TRUMP FOUNDATION

Prosecutors could look into whether Trump's charitable foundation committed fraud related to the auctioning of a portrait of him.

 

Cohen accused Trump of directing the Donald J. Trump Foundation to reimburse $60,000 paid by a straw bidder to acquire the portrait. Trump kept it for himself, Cohen said.

 

The New York Attorney General's office has said the foundation's use of funds for non-charitable purposes violates a number of state laws. The office sued Trump and his adult children last June alleging mismanagement of the foundation and misuse of its funds for political and personal purposes.

 

The foundation agreed in December to dissolve in a partial settlement of the state lawsuit. New York Governor Andrew Cuomo has left the door open to eventual criminal charges.

 

(Reporting by Jan Wolfe and Jonathan Stempel; Editing by Noeleen Walder, Anthony Lin and Will Dunham)

 

reuters_logo.jpg

-- © Copyright Reuters 2019-02-28
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  • TopDeadSenter
    TopDeadSenter

    This is nuts. Trump needs our full support, he is out giving his all - making peace on the Korean peninsula, and all the fools back home can do is stab him in the back and try undermining and distract

  • Mother of all silly posts.

  • OneMoreFarang
    OneMoreFarang

    It's interesting to read the reactions from Trump supporters here. Do you really think Trump is innocent? Or do you don't care if he is a criminal as long as you like his policies?  

Posted Images

  • Popular Post
45 minutes ago, webfact said:

some of Cohen's statements and whether they may implicate Trump in criminal conduct.

fool, all he had to do was continue lying and a presidential pardon was headed his way

  • Popular Post

This is nuts. Trump needs our full support, he is out giving his all - making peace on the Korean peninsula, and all the fools back home can do is stab him in the back and try undermining and distracting him. Madness, sheer madness. On the bright side, Trump has proved he does not cave in to the constant negativity and hate, which is a miracle in itself. If things go pear shaped and Kim starts flinging nukes around I just hope the left will 100% own it, they should.

  • Popular Post
7 minutes ago, TopDeadSenter said:

This is nuts. Trump needs our full support, he is out giving his all - making peace on the Korean peninsula, and all the fools back home can do is stab him in the back and try undermining and distracting him. Madness, sheer madness. On the bright side, Trump has proved he does not cave in to the constant negativity and hate, which is a miracle in itself. If things go pear shaped and Kim starts flinging nukes around I just hope the left will 100% own it, they should.

To quote you: Madness, sheer madness!

  • Popular Post
17 minutes ago, YetAnother said:

fool, all he had to do was continue lying and a presidential pardon was headed his way

If someone <deleted> you over would you continue to cooperate? Or would you be happy to return the favor?

  • Popular Post

He said...She said drama...where is the government offical who will usurp justice and give Donald a "get out of jail free card"...like the Obama machine did for Hillay's criminal activity...

  • Popular Post

They got nuttin!

  • Popular Post

It's interesting to read the reactions from Trump supporters here.

Do you really think Trump is innocent?

Or do you don't care if he is a criminal as long as you like his policies?

 

  • Popular Post
1 hour ago, TopDeadSenter said:

Trump has proved he does not cave in to the constant negativity and hate, which is a miracle in itself.

 

Wrong.  Trump caves in daily by spewing verbal diarrhea all over Twitter any time somebody says something negative about him.  That's the very definition of 'caving in'.

A post containing a link to a site using profane language has been removed. 

  • Popular Post
53 minutes ago, Puchaiyank said:

He said...She said drama...where is the government offical who will usurp justice and give Donald a "get out of jail free card"...like the Obama machine did for Hillay's criminal activity...

But but ... but..... Hilary!

  • Popular Post
1 hour ago, TopDeadSenter said:

This is nuts. Trump needs our full support, he is out giving his all - making peace on the Korean peninsula, and all the fools back home can do is stab him in the back and try undermining and distracting him. Madness, sheer madness. On the bright side, Trump has proved he does not cave in to the constant negativity and hate, which is a miracle in itself. If things go pear shaped and Kim starts flinging nukes around I just hope the left will 100% own it, they should.

Mother of all silly posts.

  • Popular Post
1 hour ago, TopDeadSenter said:

This is nuts. Trump needs our full support, he is out giving his all - making peace on the Korean peninsula, and all the fools back home can do is stab him in the back and try undermining and distracting him. Madness, sheer madness. On the bright side, Trump has proved he does not cave in to the constant negativity and hate, which is a miracle in itself. If things go pear shaped and Kim starts flinging nukes around I just hope the left will 100% own it, they should.

Absolutely correct. 

This Cohen circus is a feeble attempt to wound Trump going into the 2020 election. 

  • Popular Post
Just now, Boon Mee said:

Absolutely correct. 

This Cohen circus is a feeble attempt to wound Trump going into the 2020 election. 

Total rubbish.

  • Popular Post
5 minutes ago, Boon Mee said:

Absolutely correct. 

This Cohen circus is a feeble attempt to wound Trump going into the 2020 election. 

I think most people already knew what an odious, cheating operator Trump is. What this hearing really exposes is the craven, enabling Republican Congress that has just been forced to step aside.

  • Popular Post

Cohen’s testimony is only the start.

 

AOC’s questions to Cohen have established the path for Congress to subpoena Trump’s tax returns.

 

She obtained Cohen’s testimony on Trump’s tax crimes and the names of others involved or with direct knowledge of those crimes.

 

Trump at last gets to keep a campaign promise, his tax returns are going to be published.

  • Popular Post
53 minutes ago, OneMoreFarang said:

It's interesting to read the reactions from Trump supporters here.

Do you really think Trump is innocent?

Or do you don't care if he is a criminal as long as you like his policies?

 

Agreed, this is the real issue. 

  • Popular Post
1 hour ago, TopDeadSenter said:

This is nuts. Trump needs our full support, he is out giving his all - making peace on the Korean peninsula, and all the fools back home can do is stab him in the back and try undermining and distracting him. Madness, sheer madness. On the bright side, Trump has proved he does not cave in to the constant negativity and hate, which is a miracle in itself. If things go pear shaped and Kim starts flinging nukes around I just hope the left will 100% own it, they should.

Geese were were you when he was insulting pows gold star family’s attacking immigrant kids and stabbing our allies in the guts spuing  classified info to the Russians then sucking up to despots and dictators ?donald is in deep deep trouble rember this was the public version not the classified one

  • Popular Post
4 minutes ago, lannarebirth said:

I think most people already knew what an odious, cheating operator Trump is. What this hearing really exposes is the craven, enabling Republican Congress that has just been forced to step aside.

Cohen’s response to Republicans attacking him urging them not to do as he himself had done ‘ignore what is right to do Trump’s bidding’ was masterful.

 

 

  • Popular Post
23 hours ago, TopDeadSenter said:

This is nuts. Trump needs our full support, he is out giving his all - making peace on the Korean peninsula, and all the fools back home can do is stab him in the back and try undermining and distracting him. Madness, sheer madness. On the bright side, Trump has proved he does not cave in to the constant negativity and hate, which is a miracle in itself. If things go pear shaped and Kim starts flinging nukes around I just hope the left will 100% own it, they should.

<deleted>- perhaps in a parallel universe called Trumpworld

  • Popular Post
30 minutes ago, Boon Mee said:

Absolutely correct. 

This Cohen circus is a feeble attempt to wound Trump going into the 2020 election. 

No.  It's about getting a criminal out of the WH and into jail...where he belongs. 

What was it POTUS did that was SO wrong?  I don't see the seriousness of anything so far. Pay off blackmail to a call girl, didn't stop the Russian hackers, not much there.

  • Popular Post

This is just a circus will not affect Trump at all. Next up will be some more sexual abuse

claims, it's about all they will have left.

11 minutes ago, Orton Rd said:

This is just a circus will not affect Trump at all. Next up will be some more sexual abuse

claims, it's about all they will have left.

Nothing for you to worry about then.

  • Popular Post
12 minutes ago, IAMHERE said:

What was it POTUS did that was SO wrong?  I don't see the seriousness of anything so far. Pay off blackmail to a call girl, didn't stop the Russian hackers, not much there.

Well, the door has been opened to possible bank fraud and possible tax fraud. While much of the testimony centered only on Trump's immorality which is not news to anyone, these areas of investigation carry criminal penalties.

  • Popular Post
13 minutes ago, Orton Rd said:

This is just a circus will not affect Trump at all. Next up will be some more sexual abuse

claims, it's about all they will have left.

I think Trump could live with pictures of him molesting a child, it's a financial investigation he fears IMO.

  • Popular Post
24 minutes ago, IAMHERE said:

What was it POTUS did that was SO wrong?  I don't see the seriousness of anything so far.

 

1) Conspiracy to defraud the United States

2) Lying to the FBI and the Department of Justice

3) Encouraging perjury

4) Campaign finance violations

5) Tax fraud

 

Do you really not think these things are serious?

  • Popular Post

I watched a slimey lawyer who got his fingers burned after years of  living off the Donald and his despicable actions drag the Holocaust into his defense.

 

What a slimeball but typical of the lawyers to flip when the wheel fell off and make a deal. Shakespeare had it right. There was nothing in his initial statement that hasn't been hear before and the Orange Buffon will just walk away from this one as well.

 

I do find it amusing that he and Saunders are tweeting abut Cohen being a criminal when the actions that MADE him a criminal were done at the behest of the Donald!

Edited by Psimbo

10 minutes ago, Srikcir said:

Good prediction:

Ex-Trump campaign staffer files sexual misconduct lawsuit against president

https://www.theguardian.com/us-news/2019/feb/25/donald-trump-campaign-staffer-files-sexual-misconduct-lawsuit-against-president

 

SEXUAL MISCONDUCT?

Ha Ha ha...she claims he kissed her...laughable...another publicity seeker!

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