New evidence the Stormy Daniels payment may have violated election law

NBC News on Friday reported that Michael Cohen, President Trump’s longtime ally and attorney, had used a Trump Organization email address as he worked to secure the payment to Daniels.

..Trumporg.com redirects to Trump.com. The domain is registered to the Trump Organization. It is, in other words, an email address that belongs to the Trump Organization — an asset of the company.

.. That means that federal election law was almost certainly violated.

.. Daniels’s lawsuit asserts Trump learned she was talking to media outlets shortly after a number of women had come forward to rebut Trump’s denial during the Oct. 10, 2016, presidential debate that he had groped women as he had implied in the famous “Access Hollywood” tape. Hearing that she might tell her story, too, Trump “sought to silence” her, “thus helping to ensure he won the Presidential Election.”

.. The email from the bank to Cohen does not prove that company funds were used to pay Daniels, which Noble told us last month would itself be illegal. Just using that email address is its own problem.

.. even if what happened with Daniels was the sort of thing that was very common for Cohen as part of his duties, the Daniels scenario could still be a contribution if Cohen understood it would aid Trump’s electoral effort.

.. he used his Trump Organization email for any number things.

“I sent emails from the Trump Org email address to my family, friends as well as Trump business emails,” he told the network. “I basically used it for everything. I am certain most people can relate.

.. Cohen told the network that the funds used to pay Daniels “were taken from my home equity line.” The money, that is, came directly from Cohen. The Wall Street Journal reported earlier this week that Cohen told others that he had not been repaid for his investment immediately — meaning that he had, in effect, made a loan to the campaign of some duration by covering this cost.

.. The only way in which Cohen could have paid the $130,000 without having violated campaign finance laws is if he were totally independent of the campaign and, as a private individual, decided to give Daniels the money to buy her silence.

.. To assume that no campaign finance laws were broken means assuming either that:

  1. The payment had nothing to do with the campaign, or
  2. Cohen had nothing to do with the campaign.

Neither seems at all likely.

Stormy Daniels Lawsuit Opens Door to Further Trouble for Trump

As any longtime legal hand in the capital remembers well, it was a sexual harassment lawsuit brought by an Arkansas state employee, Paula Jones, against Bill Clinton that led to his impeachment for lying about his affair with Monica S. Lewinsky.

.. The case of the adult film actress, Stephanie Clifford, who uses the stage-name Stormy Daniels, may not get past even the first considerable obstacles. But if her court case proceeds, Mr. Trump and his longtime personal lawyer, Michael D. Cohen, may have to testify in depositions

.. Ms. Clifford’s agreement with Mr. Cohen stipulated that they would resolve disputes in the confidential arbitration proceedings. Assuming she does not blink — and her lawyer has said she won’t — it will fall to a judge in Los Angeles, where the suit was filed, to decide whether to compel Ms. Clifford to return to arbitration or allow the case to go forward in court

.. “A lawsuit opens the door, and judges almost always allow for a plaintiff to have a fishing expedition,” said Robert S. Bennett, the Washington lawyer who represented Mr. Clinton in the Paula Jones case. The questions could include, “Have you paid other people money?” he said.

.. perhaps intending to broaden it later to include claims that Mr. Trump and Mr. Cohen coerced her into silence. “If that happened,” he said, “they certainly could seek to depose Trump.”

And in that case, he said, “I can certainly imagine how it might get broader.

And if it did, the wide array of Trump’s sexual interactions could be addressed

..  Ms. Clifford’s signature on the contract, and acceptance of the money, could count as a clear sign of agreement.

.. But other legal experts were struck by the sweeping nature of the nondisclosure agreement Ms. Clifford signed, and expressed skepticism that it would hold up in court. Beyond the circumstances of the alleged sexual relationship, the agreement barred her from doing anything, even indirectly, to “publicly disparage” Mr. Trump.

.. Ms. Clifford has claimed that she met Mr. Trump at a celebrity golf tournament in 2006 and began a relationship that included sex and promises from Mr. Trump to get her on his NBC show “The Apprentice” and to give her a condominium.
.. Mr. Avenatti argues that because Mr. Trump did not sign it himself, the agreement is invalid — a point Mr. Super, the Georgetown professor, basically agreed with and Mr. Noble said might have merit.
.. The extent to which Mr. Cohen was acting on his own in striking the agreement with Ms. Clifford and paying her is crucial
.. Important factors in the case would include just how closely Mr. Cohen coordinated the payment to Ms. Clifford with Mr. Trump and whether it was intended to help the campaign avoid negative publicity.
.. But in her suit, Ms. Clifford tries to implicate Mr. Trump in the transaction, saying the offer of money was intended to buy her silence to help “ensure he won the presidential election.”
.. It could have simply been a personal matter, he said, of Mr. Trump wishing to keep a secret from his wife.

In Moscow Luxury-Tower Plan, Donald Trump Paired With Developer for Russia’s Working Class

Andrei Rozov ..  He and Trump associate Felix Sater both worked for a Russian property tycoon named Sergei Polonsky.

.. In 2015, Mr. Sater brought to the president’s company a proposal to license the Trump brand for a residential project in the Russian capital

.. Mr. Rozov signed a nonbinding letter of intent with the Trump Organization in October 2015 on behalf of his firm to explore the possibility of a Trump-branded tower in Moscow.

.. Mr. Sater, in a statement, confirmed proposing construction of “the tallest building in Moscow” to the Trump Organization.

.. Mr. Cohen, in a statement provided to congressional investigators, said he “primarily communicated” with the Moscow-based development firm on the idea through Mr. Sater. 

.. The Moscow proposal came at the end of a period during which Mr. Trump, his children and other Trump Organization executives initiated numerous deals with foreign developers, two of them in the former Soviet republics of Georgia and Azerbaijan.

.. As Mr. Trump prepared to take over as president, his company ended several of its most controversial foreign deals, including the Azerbaijan and Georgia projects, but it kept others in the pipeline.

Mr. Trump said his company, which would be run by his sons and another executive, wouldn’t forge new deals outside the U.S. He didn’t relinquish ownership.

.. The Moscow project ultimately faltered for what the Trump Organization described as business reasons, but only after the company lawyer, Mr. Cohen, discussed the matter multiple times with Mr. Trump and sent an email directly to the Kremlin public-relations department in early 2016 asking for help on the deal.

Mr. Cohen’s outreach to the Kremlin spotlighted the kinds of politically-tinged real-estate deals the Trump Organization continued to pursue and consider in far-flung locales, even as Mr. Trump campaigned for the presidency.

.. Mr. Sater also made inroads in Russia with the property tycoon Mr. Polonsky. 

 

 

Trump Lawyer’s Payment to Stormy Daniels Was Reported as Suspicious by Bank

The lawyer, Michael Cohen, wired the money to a lawyer for former actress Stephanie Clifford, known professionally as Stormy Daniels, from an account at First Republic Bank .The money was received on Oct. 27, 2016, 12 days before the presidential election, another person familiar with the matter said. It isn’t clear when First Republic reported it to the government as suspicious.

Mr. Cohen said he missed two deadlines earlier that month to make the $130,000 payment to Ms. Clifford because he couldn’t reach Mr. Trump in the hectic final days of the presidential campaign, the person said.

.. After Mr. Trump’s victory, Mr. Cohen complained to friends that he had yet to be reimbursed for the payment to Ms. Clifford, the people said.

.. Mr. Cohen had said last month that he had “facilitated” the payment using his own funds, that the deal was a private transaction and that it didn’t violate any laws. He said he wasn’t reimbursed by the Trump campaign or the Trump Organization, his former employer, but declined to answer questions about whether he was reimbursed by Mr. Trump or anyone else.

.. Under federal law, banks are required to flag transactions that have no business or apparent lawful purpose or that deviate inexplicably from a customer’s normal bank activity.

.. The one-year lag between the payment by Mr. Cohen and the bank inquiry is unusual. It suggests that City National received new information that prompted it to take a fresh look at the transaction

.. Mr. Cohen’s role in a proposal to build a Trump Tower in Moscow in late 2015 and early 2016, the Journal has reported. In a September 2017 statement to the Senate Intelligence Committee, Mr. Cohen said the proposal was “solely a real estate deal and nothing more” and noted it was terminated “months before the first primary.”

.. In October 2016, with Ms. Clifford’s representatives threatening to walk away from the deal, Mr. Cohen said he stopped trying to track down Mr. Trump and used his own funds to wire the payment to Ms. Clifford’s lawyer, one of the people familiar with the matter said.

The accounts of Mr. Cohen’s actions indicate he intended to involve Mr. Trump in the deal with Ms. Clifford, although it isn’t clear whether Mr. Trump participated.

.. Proving any violation would require evidence of coordination between Messrs. Cohen and Trump or his campaign