“The thing seems so weird that it invites an inquiry into what you’re doing,” he said. “Lawyers don’t go around giving $130,000 to strangers, benefiting their clients, without billing their clients.”
.. Keith Davidson, a Los Angeles lawyer who represented Ms. Clifford in the 2016 transaction, issued a statement Wednesday declaring that Mr. Cohen had told him at the time that the $130,000 payment was coming from his own funds.
“I represented Stephanie Clifford in the Michael Cohen/Stephanie Clifford transaction,” Mr. Davidson’s statement said. “I read today that Michael Cohen reports that the source of the $130,000 paid to Ms. Clifford was from his own personal funds. That assertion is in complete harmony with what he informed me of at the time of the transaction.”
.. Ms. Clifford believes that Mr. Cohen, in making his statement, has breached a nondisclosure agreement she signed in connection with the payment, releasing her from the confidentiality commitment, according to Gina Rodriguez, her manager. Ms. Clifford, she said, is now offering to sell her story to media outlets so that she can tell her version of events.
.. Last month, Mr. Cohen sent Wall Street Journal reporters a written statement in Ms. Clifford’s name denying that she had had “a sexual and/or romantic affair” with Mr. Trump or “received hush money from Mr. Trump.” He also issued his own statement saying that Mr. Trump “vehemently denies” any affair with her.
If evidence emerged showing that those statements were false and that Mr. Cohen knew they were false, his role in disseminating them could violate Rule 8.4, several legal ethics specialists said. It prohibits lawyers from engaging “in conduct involving dishonesty, fraud, deceit or misrepresentation.”
.. “Lawyers are not allowed to lie,” with some exceptions, said Lisa Lerman, a legal ethics professor at the Catholic University of America, and they are “also not allowed to induce other people to engage in conduct that they are prohibited from.”
But Stephen Gillers, a New York University professor of ethics law, said that in practice, the ethics rule against dishonesty is generally not interpreted so broadly as to cover facilitating a lie to the public or to journalists.
Elizabeth Loftus: How Can Our Memories Be Manipulated?
Years of research have taught Elizabeth Loftus just how unreliable our memories are. From tweaking a real memory to planting a completely fabricated one, tampering with our minds is surprisingly easy.
About Elizabeth Loftus
Elizabeth Loftus is a professor of psychology and law at the University of California, Irvine. In her work, she has proven how human memory is not only unreliable, but also mutable. She is most well-known for her work in criminal law, where she has shown that eyewitness testimony can be manipulated.
Is this the end for John Kelly?
Kelly told staff Friday to say he had decided to fire Porter within 40 minutes of learning allegations Porter abused two ex-wives were credible. Some staffers who were at the meeting left feeling that Kelly had effectively asked them to lie on his behalf.
.. It is extremely difficult to square that statement with everything we know. Kelly issued an initial statement Tuesday featuring effusive praise for Porter
.. More important, though, that this leaked out so quickly suggests Kelly has lost the confidence of his staff.
.. White House aides probably could have tried to sell the version of events Kelly told them to — it hinges upon how you define “credible,” after all, and is refuted only by anonymously sourced reporting at this point — but they are apparently unwilling to front for him and make themselves vulnerable professionally.
.. Kelly’s luster has slowly eroded during his roughly six months as Trump’s top staffer — and some White House aides worry it may be acutely painful, considering he takes personal pride in his honor as a lifelong public servant. . . .
The perception of Kelly as above politics has been critical to his success in the West Wing. Publicly, he has come to Trump’s aid at moments of crisis, while privately he has been used to kill damaging news stories, or put a positive spin on them.
But the irony for Kelly may be that the credibility that makes him a singular asset in this White House may have been irreparably damaged by his work in it.
.. It harks to an episode in the summer in which White House staff leaked word Trump had personally involved himself in the misleading explanations of Donald Trump Jr.’s meeting at Trump Tower with a Russian lawyer. In both cases, the aides seemed to be worried such misleading actions could do irreparable damage — for Trump with the Russia investigation and for Kelly with his and the White House’s credibility... In both cases, they apparently felt their only recourse was to put out word that the most powerful men in the White House were trying to mislead the American people.
John Kelly Faces Scrutiny as Trump Questions Response to Abuse Allegations
President Donald Trump is privately questioning his White House’s response to domestic-abuse allegations against a key lieutenant, placing much of the blame on his chief of staff, John Kelly, according to a person familiar with the matter.
The president was also frustrated with Hope Hicks, the White House communications director who has been in a relationship with staff secretary Rob Porter, who resigned this week following published reports that he abused his two ex-wives.
.. his most biting remarks were directed at Mr. Kelly, whose about-face on the accusations against Mr. Porter capped a tumultuous week for the chief of staff.
.. The drama surrounding the chief of staff comes as Mr. Trump has started to show some frustration with him, according to friends and advisers. Mr. Trump has already found workarounds to some of Mr. Kelly’s attempts to limit access to the president, such as relying on first lady Melania Trump to field calls from friends who don’t want to wait for the chief’s protocols.
.. Mr. Trump’s friends said the president has started to ask them about Mr. Kelly’s performance. One person said the president has sought opinions on potential replacements, such as Office of Management and Budget Director Mick Mulvaney.
.. some aides inside the White House have started to question how much longer Mr. Kelly will remain.
.. Mr. Porter’s resignation marks a blow to Mr. Kelly. As the chief of staff seized control of the West Wing, Mr. Porter played an increasingly important role, and Mr. Kelly relied on him.
.. Mr. Porter predated his boss’s arrival in the White House—he was an acquaintance of Jared Kushner, the president’s son-in-law and senior adviser, when both attended college, and he was hired at the start of the administration by former staff chief Reince Priebus
.. The White House hired Mr. Porter for the job at the recommendation of Sen. Orrin Hatch
.. had an impressive resume and political pedigree. His father, Roger Porter, was an adviser to former President George H.W. Bush.
.. Kelly and Porter spoke privately and Mr. Porter denied the assault allegation, a White House official said. Mr. Kelly then agreed to have the statement released in his name based on that conversation. The official said Mr. Kelly was misled by Mr. Porter in that discussion.