What Went Wrong in the Stormy Daniels Case

.. the biggest question might be why the President of the United States didn’t just let her talk.

.. her suit contends that she isn’t bound by the agreement, because Trump never signed it and because his lawyer Michael Cohen had spoken—and lied—about it publicly.

.. The suit also says that the Trump camp used “coercive tactics” to pressure her to stay silent

.. there had been intimations of violence

.. And yet the Clifford case is not only singularly revealing of the President’s character and his operations but also a likely harbinger of major troubles ahead.

.. Cohen said that it was his own “private transaction,” using his money, and that the Trump Organization and the Trump campaign had nothing to do with it. This never made much sense, since the Trump Organization employed him. But, even if Cohen’s story were true, it raised questions, more broadly, about where the money comes from and where it goes in Trump’s dealings.

.. President’s lawyers seem not to have considered what Clifford’s next move would be: challenging the arbitration. They had, in effect, engineered something of a win-win situation for her. Practically speaking, in order for Trump to hold Clifford to the agreement, he has to fight her in court—a process he began Friday—and come out and admit to the deal publicly.

.. CNN and the Journal reported that one of the lawyers who obtained the order was Jill Martin, another Trump Organization employee. (She was the point person in the Trump University fraud case.) A statement from the company said that, like Cohen, Martin had handled the matter only “in her individual capacity.” This paints a picture of the Trump Organization as a place where anything that the company isn’t quite supposed to do might be done as a personal favor, perhaps dressed up as an act of friendship or loyalty. It is a further sign that the special counsel Robert Mueller’s subpoena of Trump Organization business records, reported last week, might turn up a true morass.

.. With the President’s sons meeting with foreign political figures while travelling the world on business trips, with his daughter playing a diplomatic role with leaders of countries where she has commercial interests, and with his son-in-law seemingly marked as a potential recipient of foreign bribes by all and sundry, it’s important to know who pays whom, and for what.

.. The Trump team’s response to the Clifford debacle seems to have been driven by the President’s vanity, temper, and resentment. All of those have also been on display in his larger response to Mueller’s investigation, from his firing of James Comey, the F.B.I. director—an action that exposed him to possible obstruction-of-justice charges—to his apparent desire, last week, to fire Andrew McCabe

.. For a man who has built a career on bluffing and intimidation, Trump is surprisingly clumsy when it comes to those tactics, and oblivious of their costs.

.. After all, why didn’t the President sign the agreement? Did he never intend to, or could he just not be bothered? With Trump, it can be hard to tell bad will from bad lawyering. He regularly demands that his subordinates operate in accordance with what he thinks the law ought to be, rather than what it is.

.. Trump’s lawyers were considering trying to block the broadcast, now scheduled for March 25th, of an interview that Anderson Cooper conducted with Clifford for “60 Minutes.” There is no legal rationale for such prior restraint. But it wouldn’t be the first time that the President has indicated that he believes he has, or should have, the power to silence the press.

.. Then again, Trump’s circle might be trying to enforce Clifford’s confidentiality agreement not for its own sake but in order to send a message to other people, who may have signed similar agreements, about the cost of breaking them. (“In my experience, bullies have one speed and one speed only,” Avenatti told The New Yorker. “They don’t just bully one person. They bully many people.”)

Trump’s Stormy History: The Seven-Year Battle Between the President and the Porn Star

Since 2011, Stormy Daniels and Trump lawyer Michael Cohen have battled over her allegations of an affair, a standoff that has now reached the White House

The turning point for Ms. Clifford—when she began to seriously consider speaking out—was a statement Mr. Cohen provided to news media on Feb. 13 acknowledging the deal with Ms. Clifford, people familiar with the matter said.

Just because something isn’t true doesn’t mean that it can’t cause you harm or damage,” Mr. Cohen said.

Ms. Clifford viewed his comment as Mr. Cohen calling her a liar, and she questioned why Mr. Cohen could speak freely while she had to remain silent, according to people familiar with the matter.

 .. In the call soon after, Mr. Davidson told Mr. Cohen that Ms. Clifford believed he had breached the agreement. Mr. Cohen explained the FEC had sought his response to a complaint about the payment, according to people familiar with the call.

.. In late February, Ms. Clifford decided she wanted to blow up the deal and that Mr. Davidson wasn’t the man for a full-on confrontation, people familiar with the matter said.

She hired Mr. Avenatti, an aggressive, media-friendly Los Angeles lawyer who last year won a $454 million verdict in a lawsuit alleging fraud against Kimberly-Clark Corp. and its spinoff Halyard Health Inc.

.. Ms. Clifford, who has been drawing big crowds lately at strip clubs around the country, recently established a crowdfunding site to finance her legal battle. As of Tuesday morning, it had raised more than $268,000.

The ‘Good Old Days’ of the Trump Presidency

you can’t have it both ways. You can argue that all of the chaos is part of Trump’s strategy. But you can’t cherry-pick the chaos you like and claim the media is making up the rest.

.. I’ve talked to people in the White House. I’ve talked to congressmen and senators off the record. And I’ve talked to far more people who’ve talked to such people. They all say that things behind the scenes in Trump World are nuttier than Mr. Peanut’s stool sample.

.. Just this week, the president’s body man was ejected from the White House on a freezing cold day, and he wasn’t even allowed to get his coat (presumably, he knows stuff — because he was instantly hired by the Trump reelection campaign).

Trump fired his secretary of State over Twitter.

Roll back the clock another week or two, and you have the sudden resignation of Hope Hicks and the revelation that Rob Porter couldn’t get a security clearance because of credible allegations that he was an abusive husband.

I can’t remember the last time Trump humiliated his attorney general, but it feels like we’re due. There was also some stuff about executing drug dealers and calling Chuck Todd a son of a b****. Oh, and there was that stuff about how trade wars are good.

..  Trump loves controversy but hates confrontation. That’s why he wants to force Sessions to quit

  • That’s why he fired James Comey while the FBI director was giving a speech in California, and it’s why he wanted to
  • fire Rex Tillerson while the secretary of State was in Africa.
  • .. when Democrats are in the room, Trump tells them he’d go for comprehensive immigration reform and preens about how he’d like to “take the guns first, go through due process second.”

.. Recently, people close to Mr. Trump say that he has begun to feel more confident that he understands the job of president. He is relying more on his own instincts, putting a premium on his personal chemistry with people and their willingness to acknowledge that his positions are ultimately administration policy, rather than on their résumé or qualifications for the job.

My friend and chicken-wing consultant Steve Hayes argues that Pompeo is in fact “the real Trump whisperer.” He reports:

“I’ve seen a dozen times when Pompeo has talked the president out of one of his crazy ideas,” says a senior administration official involved in the national security debates.

Let that sink in. It’s not quite as reassuring as it sounds. If Haberman is right, then even if Pompeo had success in the past constraining Trump, he might not be able to going forward, given how Trump is more inclined to let his freak flag fly.

.. One of the great divides on the right these days is over the question of whether the policy wins of the Trump administration occurred because of Trump or despite him.

With the possible exception of Ted Cruz, I don’t think any other Republican would have

  • moved the U.S. embassy to Jerusalem,
  • opened ANWR to drilling, or
  • pulled out of the Paris climate accords and
  • TPP (though I think the TPP move was a mistake).

Most of Trump’s policy successes, however, have been accomplished thanks to party and movement regulars in the administration and in Congress

  • Judicial appointments have been outsourced to the Federalist Society and Mitch McConnell, thank God.
  • Tax reform was Paul Ryan’s baby.

I am generally baffled when people say, “He’s gotten so much accomplished.” From where I sit, so much has been accomplished despite him.

He also gets “credit” for the fire sale of conservative credibility on countless conservative positions and arguments

.. The GOP’s tax-cut message did not have the salience Republicans hoped

.. Trump is increasingly toxic in normally Republican-friendly suburbs. His rallies may energize the GOP base — but they energize Democrats more.

.. Many of his preferred policies and most of his antics divide Republicans, while they unite Democrats.

.. Let’s also assume Mueller doesn’t find evidence of “collusion” that directly implicates Trump but that he does find enough to land Jared, Don Jr., and Michael Cohen in the dock. Paul Manafort is already looking at spending more than two centuries in jail.

What happens when

  • Democrats get subpoena power? What happens when
  • they start drafting articles of impeachment? What happens if
  • Mueller reveals that Trump isn’t really as rich as he claims and that
  • his business is mostly a Potemkin village of money-laundering condo sales? What happens
  • if Stormy Daniels — or the retinue of super-classy ladies reportedly looking to follow her lead — releases embarrassing pictures of the president?

How do you think unconstrained Hulk Trump reacts? Heck, how do you think the beleaguered skeleton crew at the White House behaves? Everyone is gonna lawyer up

Normal administrations are crippled by zealous investigatory committees; is it so crazy to think that Donald Trump might not show restraint?

Might he be tempted to give the Democrats the store to hold off investigations, impeachment, whatever? Everyone defends the Jerry Falwell Jr. caucus on the grounds that they have a “transactional” relationship with Trump. Well, what if other transactional opportunities take precedence?

..  in the next couple of years, a tsunami of tell-all books and more-in-sorrow-than-anger reputation-rehabilitating memoirs will probably come out.

.. “character is destiny.” And I’ve never been more confident that that destiny is coming, and it won’t be pretty.

 

How Sane Is Sam Nunberg? How Sane Are Any of These People?

Sam Nunberg appeared on CNN, and towards the end of a wild and wide-ranging interview with Jake Tapper, he seemed to ask the host for legal advice on whether he should comply with a subpoena from special counsel Robert Mueller.

“Do you think I should cooperate? Should I spend 80 hours going over my emails, Jake?” Nunberg asked.

.. It’s really rare for an interview subject to ask a journalist for legal advice — and speaking as a journalist, I’d say it’s an astonishingly bad idea too.

.. “I’m not a Donald Trump fan, as I told you before, okay? He treated me like crap,” and, “Trump may have very well done something during the election with the Russians, and if you find it out if he did that, I don’t know. If he did that, you know what, it’s inexcusable.”

.. It is not often we get to watch, live on television, a man simultaneously risk contempt of court and antagonize the one man who can pardon him.

.. CNN’s Erin Burnett awkwardly told Nunberg on-air that she could smell alcohol on him; Nunberg denied he had been drinking.

.. Page is the strange kind of man who is smart enough to get a master’s degree from Georgetown University and become an energy consultant with Merrill Lynch, but not smart enough to bring a lawyer with him when he testifies to the Senate Intelligence Committee, the House Intelligence Committee, or Mueller’s grand jury.

.. In October, Page agreed to appear on the program of MSNBC’s Chris Hayes — light-years away from being a “friendly interviewer” — and his answers were so breathtakingly forward that Hayes was left in disbelief: “I genuinely hope, Carter, that you are innocent of everything, because you are doing a lot of talking.”

.. Perhaps we could push aside Nunberg and Page and give the award for most self-destructive former Trump adviser to Steve Bannon, who invited Michael Wolff into the White House to gather material for his book Fire and Fury and seemed to think he could trash the president’s children on the record and live to tell the tale.

.. a president who
It’s as if the White House mess is serving Tide Pods.
.. Ed Markey claimed, without any evidence, that a “grand jury has been impaneled up in New York” to investigate the Trump campaign’s ties to the Russians.
..  Congressman Ted Lieu speculated that a Republican campaign staffer’s suicide was secretly a result of foul play stemming from a conversation with former Trump national security adviser Michael Flynn.
.. People are asking, “How sane is Nunberg?” How sane are any of these people? How are cable-news networks supposed to assess the mental health of a former presidential aide when the baseline for “sane” has been adjusted downward so rapidly?