Why Michael Cohen Agreed to Plead Guilty—And Implicate the President

Prosecutors had reams of evidence and a long list of counts, which also could have included the lawyer’s wife

For weeks, the president had been distancing himself from Mr. Cohen, including by stopping paying his longtime attorney’s legal fees, making clear amid the pressure that he was on his own.

Under oath on Tuesday, before a packed courtroom, Mr. Cohen created a spectacular moment without parallel in American history when he confessed to two crimes that he said he committed at the behest of the man who would become president.

..  For the president, it opens up a perilous new legal front.

..  Mr. Trump denied he directed Mr. Cohen to buy the women’s silence. Contradicting earlier statements, the president said he became aware of the payments to the women “later on” and said Mr. Cohen was reimbursed from his personal funds, not his 2016 campaign coffers.

.. On April 5, days before the raids, Mr. Trump told reporters on Air Force One he didn’t know about the payment to Ms. Clifford, and referred questions about the matter to Mr. Cohen. “You’ll have to ask Michael Cohen,” Mr. Trump said. “Michael is my attorney.”

Mr. Cohen, who that night was staying aboard the yacht of Trump donor Franklin Haney, which was docked in Miami, grew irate on the ship soon after Mr. Trump made his remarks distancing himself from the Clifford payment, according to a person familiar with the episode. Mr. Cohen was swearing loudly as others on the boat were sipping their drinks, the person said.

.. Initially, Mr. Cohen seemed unlikely to turn on the president. Although their relationship was at times turbulent, Mr. Trump appreciated Mr. Cohen’s absolute loyalty. On the day of the raids, Mr. Trump called the move a “disgrace” and a “witch hunt.”

Soon after the April raids, Mr. Cohen’s relationship with Mr. Trump began to deteriorate.

The estrangement began over legal bills, said a person who has spoken with Mr. Cohen about the matter. The Trump family covered part of Mr. Cohen’s legal fees after the raids, but then stopped paying.

Mr. Cohen felt exposed. Public comments by Rudy Giuliani, Mr. Trump’s lawyer, put distance between the president and Mr. Cohen and further alienated the attorney, the person said.

Mr. Cohen told associates and friends he felt Mr. Trump didn’t have his back and vented that the president hadn’t personally offered to pay his legal bills in the Manhattan investigation, which he said were “bankrupting” him.
.. By then, prosecutors and the Internal Revenue Service had focused on Mr. Cohen’s personal income taxes. In conversations with a potential witness in June and July, investigators asked “very pointed” questions about various tax filings, according to a person familiar with the conversations.

“They knew what they wanted, they knew what they had, and they went after it,” the person said.

In late June, Mr. Cohen openly broke with Mr. Trump.

.. Mr. Cohen’s father urged him not to protect the president, saying he didn’t survive the Holocaust to have his name sullied by Mr. Trump
.. On June 20, Mr. Cohen stepped down from his position as the Republican National Committee’s deputy finance chairman and tweeted his first public criticism of his former boss: “As the son of a Polish holocaust survivor, the images and sounds of this family separation policy [are] heart wrenching.” The tweet no longer appears on Mr. Cohen’s Twitter account.
.. In July, a recording became public that Mr. Cohen surreptitiously made of a conversation he had with Mr. Trump in September 2016 about buying the rights to Ms. McDougal’s story. The president has denied the affair.The president’s legal team had waived attorney-client privilege on the recording, which had been seized in the April 9 raids.

.. Given the Justice Department’s policy of not indicting sitting presidents, a guilty plea from Mr. Cohen and his public implication of Mr. Trump were among the strongest outcomes prosecutors could have hoped for

.. For prosecutors, the guilty plea meant they could avoid a contentious trial and free up resources to pursue other investigations.
.. one of Mr. Cohen’s lawyers, Lanny Davis, appeared on cable news shows to say Mr. Cohen wouldn’t accept a pardon from Mr. Trump and “is more than happy to tell the special counsel all that he knows.”

Rudy Giuliani: “Truth Isn’t Truth” | Morning Joe | MSNBC

Joe Scarborough reacts to President Trump’s personal attorney, Rudy Giuliani, who spoke on Meet the Press and laid out a new position on the Trump legal team’s response to that 2016 meeting with Russians in Trump Tower.

Trump Says He Allowed White House Counsel to ‘Fully Cooperate’ With Russia Probe

Rudy Giuliani, the president’s lawyer, said in an interview that Mr. Trump had urged Mr. McGahn to cooperate “because the president is confident that he’ll just tell the truth, and the truth reveals the situation in which the president didn’t do anything wrong.”

“Did he provide anything harmful? The answer is no he didn’t,” Mr. Giuliani said. Mr. Giuliani said if he himself were to interview with Mr. Mueller, “we’d be talking for three to four days. But there would be nothing in it that was harmful to the president.”

..  Last summer, while the investigation was under way, the president sought to fire Mr. Mueller, but backed off when Mr. McGahn said he would resign rather than carry out the order, a person familiar with the matter said.

.. Mr. McGahn was also on the receiving end of a warning in April to the president from Attorney General Jeff Sessions not to fire his deputy, Rod Rosenstein, who is overseeing the Mueller investigation. Mr. Sessions told Mr. McGahn that he would consider resigning if Mr. Trump fired his deputy, according to a person familiar with the message.

.. Mr. McGahn was also involved in conversations with the president as Mr. Trump moved to fire Mr. Comey in May 2017. Days before the firing, Mr. Trump dressed down Mr. McGahn and Steve Bannon, his chief strategist at the time, over Mr. Sessions’ decision to recuse himself from the Russia investigation two months earlier.

.. He is widely expected to leave the White House if and when Brett Kavanaugh, Mr. Trump’s nominee for the Supreme Court vacancy, is confirmed.

.. Mr. McGahn urged other members of the White House Counsel’s Office to use his attorney, according to a person familiar with the matter, a move that left the impression he wanted to ensure his office colleagues gave consistent accounts.

 

 

How Important Is the Protest Against Trump from the National-Security Establishment?

During the past few years, we have learned that, almost no matter how outrageous or potentially dangerous Donald Trump’s actions and words are, senior Republicans in Congress, on whose support Trump ultimately depends, won’t break with him. If anything, Trump’s grip on the Republican Party, and particularly on its process of selecting candidates, seems to be getting stronger.

It is therefore tempting to dismiss the growing protests against Trump’s decision to revoke the former C.I.A. director John Brennan’s security clearance as just another summer squall in the nation’s capital, one that will quickly blow over. But possibly—just possibly—this could turn out to be a significant political moment.

The blowback intensified on Thursday, when seven former C.I.A. directors issued a public letter supporting Brennan and denouncing the President’s decision. “We all agree that the president’s action regarding John Brennan and the threats of similar actions against other former officials has nothing to do with who should and should not hold security clearances—and everything to do with an attempt to stifle free speech,” the letter said. The letter’s signatories included

  1. William Webster,
  2. George Tenet,
  3. Porter Goss,
  4. Michael Hayden,
  5. Leon Panetta,
  6. David Petraeus, and
  7. Robert Gates,

whose tenures as the head of the C.I.A. spanned five Presidents, from Ronald Reagan to Barack Obama.

That is quite a list. Even the stoutest Trump defenders will have difficulty describing the letter as a partisan political ambush, although, of course, that will not stop them from trying.

.. In asking the President to revoke his security clearance, he was taking a step that could have negative financial consequences for him and his family.

(Many retired military and intelligence figures parlay their security clearances into valuable consulting gigs.)

.. Richard Haass, the president of the Council on Foreign Relations, wrote on Twitter that McRaven’s letter “could well be the closest we have come to a Joseph Welch ‘Have you left no sense of decency?’ moment that in many ways broke the McCarthy fever.”

.. Richard Haass, the president of the Council on Foreign Relations, wrote on Twitter that McRaven’s letter “could well be the closest we have come to a Joseph Welch ‘Have you left no sense of decency?’ moment that in many ways broke the McCarthy fever.”

.. the former C.I.A. chiefs didn’t go as far as McRaven did. They didn’t attack Trump’s over-all record, call him an embarrassment, or ask him to revoke their security clearances in solidarity with Brennan. But, Haass noted, “They were willing to put their names to something that will not go down well in the White House. It is one thing to take on an individual like John Brennan. But I don’t think the White House counted on this type of reaction. These are patriots. Many of them have served in the military. A lot of members of the Trump base will respect these people.”

.. For months now, Trump, his lawyer Rudy Giuliani, and pro-Trump media figures like Sean Hannity have been vilifying former senior government officials with long and distinguished records, including Brennan; James Clapper, the former director of National Intelligence; and James Comey, the former F.B.I. director.

In the coming days and weeks, the vilification campaign may well extend to McRaven and the former intelligence chiefs who signed the public letter. Will Trump’s base care more about them than they did about Clapper?

.. On Capitol Hill, some Democrats have expressed concerns that Trump’s actions are intended to silence people who might serve as witnesses in any eventual impeachment process or other legal proceeding. Most senior Republicans, predictably enough, are keeping quiet or expressing support for the President’s treatment of Brennan. The “President has full authority to revoke [Brennan’s] security clearance as head of the executive branch,” Richard Burr, the chairman of the Senate Intelligence Committee, said.

..  especially in the run-up to the midterms, Republicans are unlikely to come out strongly against Trump’s actions, much less hold hearings on them. But he pointed out that, back in 1954, a substantial amount of time—six months—elapsed between Welch’s exasperated remonstration of McCarthy and the Senate’s historic vote to censure the Wisconsin senator, which put an end to his reign of terror.

.. “Sometimes, only in retrospect do actions or words emerge as a key moment, or a tipping point. We’ll only know in retrospect if this is one of those moments.”