The day of reckoning for Michael Cohen appears to have arrived, as the former personal attorney to President Donald Trump has reached a plea deal with federal prosecutors in the Southern District of New York. Several reports indicate that the plea deal does not include a requirement that he cooperate with any ongoing federal investigation.
What does that mean? Well, it certainly is a bit unexpected. For the last several weeks, Cohen’s attack dog attorney Lanny Davis has been giving all indications that he was ready to flip. Could it mean Trump doesn’t have the goods on Trump after all? Or perhaps, he truly had a change of heart, and had his former boss’s back after all? Or maybe he is just trying to do whatever he can to help his family?
Politico is confirming through a source that Cohen is choosing a guilty plea “to save millions of dollars, protect his family, and limit his exposure.”
Something that Law&Crime founder Dan Abrams predicted a short time ago.
Another possibility. . . maybe the deal involves prosecutors allowing Michael Cohen to keep enough $ for his family.
— Dan Abrams (@danabrams) August 21, 2018
Abrams also suggested that if Cohen doesn’t cooperate with the feds, the strategy could be don’t cooperate, plead guilty, get sentenced and get pardoned immediately by the president.
Keep in mind this could mean that Cohen pleads, doesn't cooperate, gets sentenced, and President Trump immediately pardons him. https://t.co/8j4TjzJQGH
— Dan Abrams (@danabrams) August 21, 2018
While the pardon end-game is a possibility that has been forecasted for some time, it’s been presumed that Cohen would have to cooperate with the feds in order to get a plea deal that would satisfy both sides.
The connection to Trump would explain a lot. If you read the New York Times on Tuesday afternoon, in addition to bank fraud charges, Cohen is pleading guilty “over payments to women.”
Cough… Stormy Daniels and …. cough…. Karen McDougal.
Another thought on Michael Cohen plea. If he pleads guilty to campaign finance crime (which now seems likely) he may be indirectly or directly implicating President Trump.
— Dan Abrams (@danabrams) August 21, 2018
The key here really does seem to be that if Cohen is entering a plea to avoid his taxi medallion business fraud charges and ensure that his family is provided for, the benefit for him and the prosecution would be the possibility that Trump will be implicated in a crime for a campaign finance violation or violations.
If Cohen pleads guilty to bank fraud related to his taxi medallion business, that doesn't implicate Trump.
But if Cohen pleads guilty in connection with campaign finance case, that could directly implicate Trump /1— Rick Hasen (@rickhasen) August 21, 2018
If Cohen conspired with Trump to make payments to Stormy Daniels in order to help the campaign, then they both could potentially be liable for Cohen making unreported, excessive in-kind contributions to the campaign (and perhaps other charges) /2
— Rick Hasen (@rickhasen) August 21, 2018
And if there is evidence Trump was in on it at the beginning, he could be liable as well.
That doesn't mean Trump would be charged, but it would be the basis for possible impeachment in a case not brought by the special counsel /4— Rick Hasen (@rickhasen) August 21, 2018
It would be ironic if the (first) (potential) criminal charges against Trump don't come from Mueller, but from SDNY U.S. Attorney's office.
When I last heard, AG Sessions had not said whether or not he was recusing from overseeing the Cohen investigation as campaign related. /5— Rick Hasen (@rickhasen) August 21, 2018
Cohen is expected to plead guilty at 4 p.m. on Tuesday in the Southern District of New York.
[Image via Yana Paskova and Getty Images]