Stormy Daniels already has a defamation claim against President Trump based in part on his accusation that her story that she was threatened in a parking lot was false. (Trump says the claim of an affair was “false and extortionist.”) Now she has a splendid case.
Accusing someone of a crime is defamation per se, meaning no damages need to be proved. Avenatti will be entitled to depose Trump under oath to ask such nettlesome questions as:
- Did you have sexual relations with my client?
- Did you publicly deny knowledge of a settlement payment on national TV?
- Did you reimburse Michael Cohen for fronting the money?
- Did you break up the payments in monthly installments? Why?
- Have you made other payments to remain silent about adulterous affairs? How many? Did they all extort money from you, in your view? What are their names? How much did you pay out?
.. According to Daniels, Cohen strong-armed her into making a settlement. She, in other words, was the victim of a pressure campaign, not its instigator. Cohen would therefore need to answer questions that parallel inquiries for Trump. One or both might take the 5th — which many Americans would interpret as evidence one or both violated criminal campaign laws.
Avenatti has advantages over Robert S. Mueller III. Avenatti can needle Trump daily on TV, a tactic that already pushed Trump to lie publicly about his knowledge of the settlement. Avenatti can not be fired by Trump. Pursuant to the Paula Jones case, Daniels’s lawyer unquestionably has the right to depose Trump under oath.
There is delicious karma in this happening to Trump, who bludgeoned Hillary Clinton during the campaign for allegedly helping her husband to falsely smear women who accused the philandering president of sexual conduct. We reach karmic overload when we note that Trump has spent a lifetime threatening to and actually filing lawsuits alleging defamation.
Michael Avenatti is using Trump tactics to battle Trump, a strategy that comes with risks
“Nothing he has been doing in the last four to six weeks with his multiple television appearances advances the interests of his client in the California action,” said Stephen Gillers, a New York University law professor who specializes in ethics. “He’s catapulted himself to be the story. There are dangers when a lawyer becomes so publicly vocal.”
Gillers described Avenatti’s media presence as highly unusual for an American lawyer, not only because of his frequent television appearances but also because his arguments are more sweeping than his client’s narrow complaint. “I really cannot think of an equivalent,” he said.
.. Last week, Cohen said that because Avenatti published his private banking transactions, he should not be permitted to represent Daniels in a federal court in New York. Daniels is seeking to intervene in the case
.. “He comes across as consistent and credible and single-minded in his concern for his client’s interest.”
.. Mark Penn, a former adviser to President Bill Clinton, last week asked in the Hill publication whether Avenatti is truly representing his client as a lawyer or “just using her as cover to wage a political operation.” Fox News host Laura Ingraham asked the same question on her show, all but accusing Avenatti of acting as a Democratic operative.
.. Perhaps his most unorthodox move involved the decision to publicize the details of Cohen’s banking transactions. Under the old rules of Washington, a lawyer might have leaked that sensitive information to a trusted journalist who would vet it and publish it, perhaps in a way that could not be traced to the lawyer.
But this is the Trump era. Avenatti turned to Twitter.
.. Cohen’s lawyers noted in their court filing, the dossier contained mistakes, including several transactions by other Michael Cohens. That meant Avenatti had publicized details about the banking histories of people who had nothing to do with Daniels.
.. Not unlike Trump, Avenatti is loath to apologize.
.. He has declined to identify the source of his information. The Treasury Department inspector general is investigating whether the confidential Suspicious Activity Reports that banks submit to the federal government were leaked.
.. Unlike journalists, he said, lawyers may not use or disclose documents that they know were illegally obtained even if the lawyer does nothing unlawful to get them.
.. While in college and later in law school, Avenatti spent five years working for a political consulting firm run by Rahm Emanuel
.. After law school, Avenatti worked for lawyer Daniel Petrocelli, who had represented the family of victim Ron Goldman in the O.J. Simpson case
Michael Cohen Has Said He Would Take a Bullet for Trump. Maybe Not Anymore.
For years, a joke among Trump Tower employees was that the boss was like Manhattan’s First Avenue, where the traffic goes only one way.
That one-sidedness has always been at the heart of President Trump’s relationship with his longtime lawyer and fixer, Michael D. Cohen, who has said he would “take a bullet” for Mr. Trump. For years Mr. Trump treated Mr. Cohen poorly, with gratuitous insults, dismissive statements and, at least twice, threats of being fired, according to interviews with a half-dozen people familiar with their relationship.
.. “Donald goes out of his way to treat him like garbage,” said Roger J. Stone Jr.
.. Mr. Trump’s lawyers and advisers have become resigned to the strong possibility that Mr. Cohen, who has a wife and two children and faces the prospect of devastating legal fees, if not criminal charges, could end up cooperating with federal officials
.. The trove included documents dating back decades
.. since the raid Mr. Cohen has told associates he feels isolated.
.. Mr. Trump has long felt he had leverage over Mr. Cohen, but people who have worked for the president said the raid has changed all that.
.. “Ironically, Michael now holds the leverage over Trump,” said Sam Nunberg
.. Mr. Nunberg said that Mr. Cohen “should maximize” that leverage.
.. “The softer side of the president genuinely has an affection for Michael,” Mr. Nunberg said. For instance, Mr. Trump attended the bar and bat mitzvahs of Mr. Cohen’s children. “However, the president has also taken Michael for granted.” Mr. Nunberg added that “whenever anyone complains to me about Trump screwing them over, my reflexive response is that person has nothing to complain about compared to Michael.”
..Mr. Stone recalled Mr. Trump saying of Mr. Cohen, “He owns some of the finest Trump real estate in the country — paid top dollar for it, too.” In Mr. Trump’s worldview, there are few insults more devastating than saying someone overpaid.
.. whom he has admired since high school.
.. He has told interviewers that he has never heard Mr. Trump utter an inaccuracy or break a promise.
.. “He clearly doesn’t think that Michael Cohen is his Roy Cohn,” said Tim O’Brien, a Trump biographer, referring to Mr. Trump’s former mentor and the president’s ideal for a pit bull-like defender. “I think his abusive behavior to Michael is animated by his feeling that Michael is inadequate.”
.. Prosecutors have argued that Mr. Cohen did little actual legal work for Mr. Trump
.. When Mr. Trump ran for president in 2016, Mr. Cohen was given no official role on the campaign.
.. Particularly hurtful to Mr. Cohen was the way Mr. Trump lavished approval on Mr. Lewandowski in a way he never did for Mr. Cohen. When Mr. Cohen told Mr. Trump that he believed that Mr. Lewandowski had been behind a negative story about Mr. Trump’s son-in-law, Jared Kushner, Mr. Trump dismissed the comments as simple jealousy, and didn’t pay attention, according to two people familiar with the incident.
Sources: Mueller has evidence Cohen was in Prague in 2016, confirming part of dossier
The sources did not say whether Cohen took a commercial flight or private jet to Europe, and gave no explanation as to why no record of such a trip has surfaced.
.. Cohen has publicly acknowledged making three trips to Europe that year – to Italy in July, England in early October and a third after Trump’s November election.
.. One of the sources said congressional investigators have “a high level of interest” in Cohen’s European travel, with their doubts fueled by what they deem to be weak documentation Cohen has provided about his whereabouts around the time the Prague meeting was supposed to have occurred.
.. Cohen has said he was only in New York and briefly in Los Angeles during August, when the meeting may have occurred, though the sources said it also could have been held in early September.
.. The dossier alleges that Cohen, two Russians and several Eastern European hackers met at the Prague office of a Russian government-backed social and cultural organization, Rossotrudnichestvo.
.. Further, it alleges that Cohen, Kosachev and other attendees discussed “how deniable cash payments were to be made to hackers in Europe who had worked under Kremlin direction against the Clinton campaign.”
.. Citing information from an unnamed “Kremlin insider,” Steele’s dossier says the Prague meeting agenda also included discussion “in cryptic language for security reasons,” of ways to “sweep it all under the carpet and make sure no connection could be fully established or proven.” Romanians were among the hackers present, it says, and the discussion touched on using Bulgaria as a location where they could “lie low.”
.. When Trump took office, Cohen became Trump’s personal attorney.
He also formed a law firm, Michael D. Cohen & Associates, which in April forged a strategic alliance with the powerful Washington lobbying firm Squire Patton Boggs. With headlines blaring about Cohen’s role in providing hush money to Daniels, the two firms disclosed this week they had parted company.
.. Soon after Trump took office, Cohen became embroiled in controversy when The New York Times reported he was involved in promoting a secret “peace plan” for Ukraine and Russia that was the brainchild of a little-known Ukrainian legislator, Andrii Artemenko. The plan would have ended U.S. sanctions against Moscow and allowed Russia, if it pulled back militants invading Ukraine, to keep control of Crimea under a 50- to 100-year lease, if voters approved.
.. “While not a member of Putin’s innermost circle, (Kosachev) is one of the most influential Russian voices on foreign affairs,” said Michael Carpenter, a former senior Pentagon official. “When Kosachev speaks, everyone knows he’s speaking for the Kremlin.”
.. Another flap stemmed from a secretive maneuver at the Republican National Convention in July. Party officials weakened language in the 2016 Republican platform calling for a boost in U.S. military aid to support Ukraine’s fight with Russian-backed separatists who invaded Eastern Ukraine and Crimea.
.. One source with close ties to the campaign said Cohen “wanted a bigger and more formal role [in the campaign], but there were a lot of long knives out for him within the campaign and the larger GOP infrastructure in part because he was a Democrat and treated people horribly.”
.. A millionaire with his own New York real estate holdings, Cohen has long had family and business ties to Ukraine. His wife is Ukrainian, and he has had ties to Ukrainian ethanol company. He also once ran a thriving taxi business.