Understanding the Cohen plea deal

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facts versus fictional propaganda!

 

There is a ton of misinformation out there and a lot of talking points going around, so how about we clear a lot of it up.  Let’s cut through the propaganda, shall we?

 

Please note that Lanny Davis – Cohen’s lawyer is a Hillary sycophant, and I am not sure he did his client justly.

Cohen made a plea deal.  This was not an adjudication.  That means that no precedent (stare decisis) was set.  It also means that nothing was said under oath.  Because no plea deal is precedent, none if it well ever be used moving forward in another case.  This is simply hype based on the way the charge was phrased.  It was phrased that way for that specific reason as well, I am sure, to feed red meat for the media to run with, and why Cohen was given this specific deal when there was likely much more he could have been guilty of, but by agreeing to pleading guilty to those 2 false “crimes” (I will explain that in a minute) phrased that way specifically was simply to attempt to move public opinion.  Plea bargains are made for many reasons, often to reduce charges and penalties, but not shockingly, people often plea bargain even when innocent simply to make things go away, so pleading to 2 minor charges is trivial if it knocked out more major charges.

 

Why am I saying the 2 campaign contribution counts are “false crimes”?  I am saying this because the ex-FEC chairman Bradley Smith, who created this rule himself has stated these are not violations.

 

A campaign expenditure MUST be solely for a campaign activity.  It MUST come from a campaign activity.  Both of these activities that were paid off occurred prior to the campaign.  A candidate who spends his own money, not as a result of the campaign is not making a campaign expenditure.  Just because Trump was a candidate doesn’t mean a payment for something that happened prior to the campaign was a campaign expenditure.  There is nothing illegal about paying for an NDA out of his own pocket or even out of corporate pockets.

 

If the money came out of campaign funds, that would be illegal, but that isn’t what he did.  There are a lot of things you can do to “influence an election” that doesn’t make it a violation.  It is like clearing up things that are negative press to not impact campaign.  Clearing up pending lawsuits, paying off NDA for criticism, etc.  No campaign violation as long as not coming from campaign money.

 

Spending money to make yourself look better in your private life, your public life, or your business life to improve your persona is not illegal – unless you are spending funds from the campaign.  Those are not campaign contributions.

 

Nothing that is going on here comes back to Trump at all.  It is being pushed because it seems the investigation has little else and needs to gin up public opinion to keep this witch hunt going.  Simply by wording this plea deal as it was, we have the new “outrage of the week” against Trump.

 

  • Much of the facts here pulled from an 8/21 conversation between Mark Levin and Bradley Smith, 2 lawyers, one who was FEC chairman, one who was chief of staff to attorney general Edwin Meese.

Comments

Leroy Added Aug 23, 2018 - 5:07am
Thanks, Ken, for the synopsis.  IIRC, there is a precedent, perhaps Edwards, who was accused of making similar payments and was deemed not to be an in-kind campaign contribution.  If it is a campaign expense, it must be paid for by the campaign.  If it is not a legitimate campaign expense, then it can't be.  Ok.  Maybe that is stating the obvious.  It is not a legitimate campaign expense and was not paid by the campaign.  The question remains as to whether it was an in-kind contribution to the campaign.  If it is not a legitimate campaign expense, any payment or favor done on Trump's behalf can't be considered a campaign contribution.  Even it Trump colluded with his friend at the tabloid to buy the rights and sit on it, it is not a campaign issue.  There may be a civil crime in there.  The woman may have had reasonable expectations of making more money on the notoriety after the publication of the story.  In the scheme of things, it is a relatively small civil crime that could be settled by money.  On the other hand, breaking the NDA is also a civil crime.  
 
As I noted elsewhere, the "conspiracy to collude" can't be a crime if collusion itself isn't a crime.  It's one of the more stupider suggestions I have heard.
 
Having said that, I doubt that we know what the deal is and what it may include.  Those that suffer from TDS are having a field day.  They will be crushed once again.
Ken Added Aug 23, 2018 - 5:33am
Leroy you bring up a couple of interesting points, actually, although not in the way you think, I suspect.
 
These are not in-kind contributions either for the reasons I disclosed in the post.  Bradley Smith stated as much that just because something was paid during a campaign, it isn't illegal simply because a campaign was going on, unless campaign funds were used.  Even "Illegal" is a false term here, because it is an FEC Rule, not a law.  Obama had 2 million in contributions ended up paying 230k fine or so and that was it, nothing criminal at all, it is evidence of the 2 tier justice system if you are a liberal or a conservative. 
 
Nothing paid here was suggested to even be remotely "in-kind" which also has a specific definition, non of which falls under what happened here.
 
Think of someone who owns a Mazerati, and wants to be considered "one of the common folk", sells it and buys a honda accord.  Does it "influence election" (which is the inflammatory part of the 2 counts)  sure, maybe it does, just as an NDA for a disgruntled employee, former lover, adultery, porn star, whatever might by wanting to shut them up.  But if it isn't coming out of the campaign, just because someone is campaigning doesn't make it a violation (I hate to say illegal as FEC regulation aren't laws)
 
Collusion in and of itself isn't a crime, however the only proven collusion is Hillary using foreign National Steel for fictional dossier used as prima facia evidence to get a FISA warrant.  That is a whole different topic however, trying to focus on this post the facts of what a plea bargain is and means and what it means to Trump and in general
 
Just calling him an "unindicted co-conspirator" by Lanny Davis is actually slander, there is no proof for that, for 2 counts that weren't actually even crimes.  That is why I noted Davis is a Hillary sycophant and has been in her camp for decades. 
 
Context matters.
opher goodwin Added Aug 23, 2018 - 8:10am
Good Heavens - after all the hysteria about Hilary and the nasty chants of Lock Her Up we now have all sorts of excuses and wriggling when it comes to the transgressions that Trump has so obviously done.
Talk about Lock Her Up and Drain The Swamp.
He is his own swamp!!
If you live by the sword you die by the sword.
Dino Manalis Added Aug 23, 2018 - 8:38am
 Cohen helped Trump hide his sexual escapades.  Are Democrats going to impeach Trump for that?
Benjamin Goldstein Added Aug 23, 2018 - 10:19am
German news informed me that they now finally put "pressure" on Trump. They caution that his "authoritarian rule" may still not end just yet, but that there was a first win of the "rule of law" and "democracy." American democracy may still be "harmed" by him irreperably.
 
*chuckle* You have no idea how filtered and sensible CNN presents itself.
Bill H. Added Aug 23, 2018 - 12:14pm
I'm always amazed how the Trump minions are able to come up with just about anything to defend this self-serving sleazebag of a "President". I'm guessing that if Trump decided to smuggle in a weapon to one of his rallies and opened up on the CNN and MSNBC journalists covering the rally, it would be justified by the minions as "an act of self-defense".
TexasLynn Added Aug 23, 2018 - 1:29pm
Really good and informative post Ken; but as Leroy pointed out, the TDS crowd will look at no objective facts.  They will simply reply with the equivalent of TRUMP BAAAAD!  YOU STUUUUPID!  YOU BAAAAAAD!  That's pretty well all you've gotten so far or will ever get from that bunch.
 
I've always known the left had a problem with logic, and intellectual honesty, but I had no idea it had gone this far until I joined WB.  Now I question if it was always like this or did the onset of TDS exacerbate the issue?
 
But I digress…
 
Here is my take on the objective facts specific to the Cohen mess... It all gets down to extortion, extortion and extortion.
 
It is likely Trump cheated on his wife.  I think that's terrible... but know it's also common.  I feel sorry for his wife and family that it happened and I hope she can forgive him.  Many families unfortunately find themselves in this situation.
 
As the campaign was gearing up, Stormy Daniels decided to extort money from Donald Trump.  Donald Trump decided to pay the slut off; and made arrangements through his then lawyer Michael Cohen.  This money went through Michael Cohen from Donald Trump’s personal funds.  As long as campaign dollars were not used... nothing illegal happened.
 
Stormy Daniels is a dirt-bag porn star.  The character of the woman is key to events.  Later, (after taking Trump's money) she had sellers remorse; now realizing she could have gotten more money had she not taken the non-disclosure agreement and instead hawked her story to the media.  She wanted to renege on the deal and (lacking honor among dirt-bags) did so.
 
Once the story was out Trump likely lied about the affair and knowing about these payments to the media (just like Bill Clinton and a thousand other men throughout history).  Lying to the media is not a crime.  Robert Mueller hopes Trump will lie to him in the same way, thus the pressure for Trump to meet with Federal prosecutors.  THAT would be the actual crime perjury (as Bill Clinton found out the hard way and was impeached for).
 
Michael Cohen is a dirt-bag lawyer and Trump made a mistake when he hired him.  The man making recordings of his client(s) was reprehensible and a breach of the client/attorney privilege.  He should be disbarred.  As dirt bag lawyers are apt to do, Cohen committed crimes (outside his duties to Trump).  Robert Mueller and team dug them up and used them to extort a statement from Cohen.  It seems like a sweetheart deal for Cohen; (compose what Mueller tells him) and he's is not charged with the actual crimes that took place.
 
It all gets back to a bunch of dirt-bags (Daniels, Cohen, Mueller) extorting from others to get what they want, and anyone remotely associated with Trump is fair-game.
 
My two cents...
James Travil Added Aug 23, 2018 - 6:11pm
Informative article Ken. Here is some more information about the situation.
Dershowitz: No Case For Obstruction Of Justice Against Trump, Would Be "Constitutional Crisis" | Video | RealClearPolitics - https://www.realclearpolitics.com/video/2017/12/04/dershowitz_no_case_for_obstruction_of_justice_against_trump_would_be_constitutional_crisis.html
“Mueller’s Got Nothing” https://tipolitics.com/muellers-got-nothing-b6a7e7f5fd69
Lindsay Wheeler Added Aug 23, 2018 - 6:34pm
Opher Goodwin, You really are a sanctimonious bag of hot air. We chant Lock her up BECAUSE SHE HAD A PRIVATE SERVER AS SECRETARY OF STATE----and that is against the Law. She committed several felonies and we know that!!!!
 
Please come clean Opher Goodwin, Please!  What part of PRIVATE EMAIL SERVER don't you get??????? She put government communications, some of it classified on a Private Server that got hacked!!!! She deleted 30,000 emails under subpoena!!!!!!
 
Trump has done nothing like that! The Logical reasons she had a PRIVATE EMAIL SERVER is because she was running a Pay-to-Play scheme as Secretary of State! She NEEDS TO BE LOCKED UP. 
 
President Obama----The Chief Lawman---emailed her on her private email account!!!!
 
Please Opher Goodwin----Please stop with your grandstanding. Until you uphold the Law in regards to this---all your words are empty!
opher goodwin Added Aug 23, 2018 - 6:52pm
Lindsay - what person hasn't taken work home on their laptop?? Really?? Silly with confidential stuff but blown out of proportion.
Compared to what Trump is doing - colluding with Russia, asking for help in hacking Hilary and the democrats, passing laws to give himself huge tax breaks, nepotism, misspending funds, hookers, sex parties with underage girls, getting others to do illegal acts on his behalf, inciting hatred and division, misogyny, racism ……………..
The list goes on but you condone him. Shame.
He's a crook.
Lock Him Up!!!
opher goodwin Added Aug 23, 2018 - 6:53pm
Tex - Stormy is sure sleazy - but Trump is sleazier!! He's made a habit of it.
Lindsay Wheeler Added Aug 23, 2018 - 7:13pm
Look at you Opher Goodwin---You offer excuses and do NOT uphold the Law. You are not a "citizen". You are not my fellow American. 
 
What evidence is there that Trump colluded with Russia? "Collusion" is not a crime!!!! Having a Private Email Server is!!!!
 
Hillary had for FOUR years a Private Email server---and you come back with excuses. You Opher are a Lame excuse!
 
Okay Opher, please compare Bill Clinton with President Trump. Trump had consensual sex. Bill Clinton forced himself on women. Bill Clinton paid, PAID, $850,000 settlement to Paula Jones!!!!
 
There is no comparison! Opher Goodwin. It was Colin Kapernick that is causing Racial divisions!  Not Trump. Trump is just asking that respect be given the flag. 
 
Any honest person can see that having a Private Email Server as a government official for government business is wrong and illegal. That this is of no concern for you or Morning Joe and the rest of the Democrat Party means that you are all deceitful and are not law-abiding citizens. That even one person thinks like you opher, means that America is gone, gone, gone. 
 
Bill H. Added Aug 23, 2018 - 7:46pm
Look out! Ken's deleting!
TexasLynn Added Aug 23, 2018 - 8:05pm
Opher >> Stormy is sure sleazy - but Trump is sleazier!!
 
So, if I'm catching the nuance of your point... what you're saying is "TRUMP BAAAAD!"
 
Thanks for the "contribution" to the discussion. :P
Ken Added Aug 23, 2018 - 8:11pm
Lindsay - what person hasn't taken work home on their laptop?? Really?? Silly with confidential stuff but blown out of proportion.
 
Taking home a laptop and having a private email server in your basement are 2 very different things.  Are you so dense as to conflate apples and oranges?  It is CRIMINAL to have a private server and send any kind of information classified as sensitive or above through it that doesn't have the proper security controls and cannot be traced by the government.  The criminal code does not require intent.  When comey would not recommend charges he changed the wording of "gross negligence" in his statement to "extremely careless" - basically rewriting what she did to avoid the legal ramifications.  They found multiple secret or above (including at least 2 that I am aware of compartmentalized top secret - they highest security possible).  EVERY email is a separate felony, again REGARDLESS OF INTENT.  There was a conspiracy at the highest levels of the DOJ and FBI to NOT indict her, and every one of those officials is now gone, under investigation or under indictment for one kind of corruption or another.
 
Tocompletely ignore the facts is simply to stick your fingers and go LALALALALALALA anytime someone says anything that disrupts your ideological belief system. 
 
It is absolutely astounding when you are presented with CLEAR FACT that you ignore it, conflate it with something someone else did that isn't remotely similar, marginalize it, minimize it, deflect it and on and on, then continue right on with your endless, mindless tripe that has NO basis in fact.  At least half of what you accused trump of were part of the disproven steel dossier and there has been no evidence presented on the other half that he has done what you accuse him of.  It sounds great in talking points and rallies emotions against him, but allegations are not proof.  Especially when they come with a clear bias and no context.
Ken Added Aug 23, 2018 - 8:16pm
Look out! Ken's deleting!
interesting how you post at 12:46 and then claim "I am deleting at 7:46 - A time frame in which I haven't even been around because of my traveling all week been busy catching up on things for work, but hey.  You lie so frequently, I guess it is hard for you to tell the difference, huh?  I don't delete anything that disagrees with the point, hell I don't even delete everything Mischka posts even tho he is one of the rudest people cheap shot artists I have seen.  The only things that I remove are posts that are incredibly off topic and/or incredibly vulgar and personal attack that add nothing to the conversation.
 
If something has been deleted, you should ask Autumn or others who also have the ability to delete, because I haven't even been around for the past 12 hours.
Ken Added Aug 23, 2018 - 8:21pm
I've always known the left had a problem with logic, and intellectual honesty, but I had no idea it had gone this far until I joined WB.  Now I question if it was always like this or did the onset of TDS exacerbate the issue?
 
They have always been like this, they just weren't so public about it.  for a century they have lied about their goals as they "progressively" pushed america into a post-modernist/post-constitutional country to achieve their fabian socialist/marxist ideology.  Their end goal is the same as communism, they simply achieve it by "progressively" nudging the country step by step rather than revolution.  Sadly most of the "useful idiots" that push the ideology don't even understand that is the ultimate end goal.
 
The started coming out of the closet under Obama when they finally thought they had won and could begin to openly reveal themselves for what they were.  They have overplayed their hand however and fortunately in doing so,they have revealed their truth to the masses that weren't engaged and even aware of what is going on.  Many middle American democrats are fleeing the party realizing now that it has become a radical left marxist, anti-american party that they want no part of.  The party itself just keeps pushing itself farther and farther left.   This is why they no longer even try to persuade voters to their cause, and why they want open borders.  They know they can't persuade the majority of Americans to their radical ideology so they are doing the next best thing - changing the electorate.
Flying Junior Added Aug 23, 2018 - 8:34pm
Stormy Daniels is a dirt-bag porn star. 
 
Apparently she had some appeal for Trump.
Fat Bastardo Added Aug 23, 2018 - 10:20pm
Trump cheated with a porn star while Melania. He cheated on all his wives but beyond that, Donald Trump is a POS and so are his supporters and here's proof.
https://www.youtube.com/watch?v=oxEk10EJ8Rw
 
His supporters don't care that he's surrounded by a flock of felons. They belong in cages or in front of a firing squad.
Bill H. Added Aug 23, 2018 - 10:40pm
I was going to be a nice guy and admit it was my bad as it was a comment on another post, not this one.
But then you have to be a total asshole and come off with " You lie so frequently, I guess it is hard for you to tell the difference, huh?".
No more nice guy from me.
TexasLynn Added Aug 23, 2018 - 11:19pm
Fat Bastardo >>  TRUMP BAAAAD!  YOU STUUUUPID!  YOU BAAAAAAD!   YOU DIIIIEEE!
 
LMAO... THIS is what passes for debate and dialogue on the left. 
 
To paraphrase a great educator...  "Fat, fascist and stupid is no way to go through life son".
Jeffrey Kelly Added Aug 23, 2018 - 11:40pm
Actually no, candidates are required to detail how and what they spend during a campaign to make sure they aren’t using campaign funds for personal use.  
 
 
Trump didn’t disclose this payment to comply, therefore it is a campaign violation.
 
While I take great joy in seeing Trump sweat the reality is this is not that big of a deal, legally speaking.  At least, not how I understand it.  The great part is that Cohen is pissed at Trump and looks like he is going to cooperate.  That’s the part that makes me happy.
Jeffrey Kelly Added Aug 23, 2018 - 11:45pm
@Bill H.
 
I think Trump could screw Stormy Daniels on the White House lawn while simultaneously getting spanked by Putin and Trumplings wouldn’t bat an eyelid.
Ken Added Aug 23, 2018 - 11:51pm
Bill - you are right, my apologize, that was too harsh.  I have been accused multiple times of deleting things that I have not deleted and I overreacted.  I don't remove dissenting comments if they are subject oriented and aren't personal attacks on someone - which is the only reason I delete many of Mischka's comments because he ALWAYS takes the low road.
Bill H. Added Aug 24, 2018 - 1:21am
OK - we're good!
Back to the fun...……
Flying Junior Added Aug 24, 2018 - 1:25am
I am but a simple man.  I cannot understand your complicated twisting of various legal points and differing accounts of what is true and factual.
 
I offer this.  A plea bargain amounts to an admission of guilt.  My understanding is that a prosecutor offers said bargain with two purposes.  The prosecutor generally throws the accused a bone by agreeing not to charge them with a more serious offense.  The prosecutor can also sweeten the pot by either offering a reduced sentence or even possible immunity.  In general, this is desirable for the prosecutor in that it frees him or her from proving guilt beyond a reasonable doubt.
 
The upshot of all of this is that were the defendant to refuse the bargain, if convicted by a jury of the same charges, they would very likely face the stiffest possible penalty allowed by law which of course is a huge gamble on the part of the defense.
 
Let me reiterate, acceptance of a plea bargain is an admission of guilt.  There may be more serious crimes which are not in question.  But for every charge that is pleaded out, the implication is a full confession of guilt.  The defendant is throwing themselves on the mercy of the court.
 
Right?
Ken Added Aug 24, 2018 - 3:26am
FJ - it isn't just being convicted on the charges by a jury and getting a harsher sentence - it is often, (and very likely in this case), not even charging with a lot more that they could.
 
I don't understand what is "complicated twisting".  I wasn't advocating, I was simply pointing out the reality of what happened and how it has been so misreported mainly due to agenda.  MSNBC alone mentioned impeachment 372 times today.
 
You are COMPLETELY WRONG in the fact that accepting a plea bargain is an admission of guilt.  It is not a confession of guilt.  More often than not, plea bargains are often made by innocent people that simply cannot afford the judicial system, and rather than going bankrupt, they take the minimum they can get without dragging it through the system and lawyer fees.  That is why a plea bargain is NEVER a precedent.
 
A perfect example of this is the fact that I specifically pointed out 2 "crimes" that were not criminal at all that Cohen pleaded to, simply to get the lightest sentence possible.  If he had refused to plead to those with that specific terminology, he would likely have had multiple other charges added and instead of 3-5, rest of life in prison.
 
The entire key here is that nothing was adjudicated, nothing was under oath, it was simply an agreement by one person to have a minimum criminal sentence to save his ass.  This will never be used by any prosecution in the future, and literally has NO legal impact on Trump.
 
If he becomes a witness and they have other things in some other case, that is different, but all those crying out for impeachment because of the way the things Cohen Pleaded to were stated are simply more media/democrat/progressive attempts to stop Trump from governing with no basis in law.
Flying Junior Added Aug 24, 2018 - 3:42am
I don't think that many really wish to see Trump be impeached.  But the way the investigation is going, it is urgent that it be allowed to run its full course.  Obviously there are many more crimes and unethical acts committed by Trump's closest advisors than anyone could have possibly imagined.  We are talking the tip of the iceberg.
 
It is possible that Trump becomes so shamed by the truths that are uncovered by the Mueller investigation that he may decline to run for reelection.
Ken Added Aug 24, 2018 - 4:01am
is urgent that it be allowed to run its full course.  Obviously there are many more crimes and unethical acts committed by Trump's closest advisors than anyone could have possibly imagined.  We are talking the tip of the iceberg.
 
lol.  An investigation that was even begun on false pretenses.  What crimes by Trump's closest advisors? list them - Mueller certainly hasn't been able to, what do you know that his 40 million dollar staff that is larger than the Rhode Island state prosecutor staff has discovered?
 
Please, what is OBVIOUS about the unethical acts? what have they committed?  Be specific.
 
Your hatred of Trump because people thought that of the 2 worst candidates ever for president Trump was better than someone who should be in prison for the rest of her life is palpable.  You continue to ramble on with opinions and NEVER post facts as to what he has actually done that has been unconstitutional.  He hasn't stopped an investigation that is clearly based on nothing, he has never thrown any reporter in jail like obama did and never threatened freedom of the press in actions.
 
You just hate because he doesn't follow your ideological beliefs and he wasn't 4 more years of a marxist in office.  You are an incredible hypocrite and ideologue that only wants someone you agree with to hold that office, and you are pissed as hell Hillary wasn't chosen by American because they were sick of "politics as usual"
 
Stone-Eater Added Aug 24, 2018 - 6:46am
The fact that Trump had a Cohen as lawyer tells stories.....
Bill Kamps Added Aug 24, 2018 - 9:12am
opher - what person hasn't taken work home on their laptop?? Really?? Silly with confidential stuff but blown out of proportion.
 
Seriously you are going to equate this?  First it is AGAINST THE LAW to have a server at home, if you have the clearances of the Secretary of State.  Second, many companies, also limit what kind of information can be on a computer you take home for work.  Companies like Exxon are very particular about what you can, or cant take home, and the laptops are in fact company laptops, not personal ones.
 
So stop making things up, just to make your point. 
Flying Junior Added Aug 24, 2018 - 3:32pm
I enjoy talking to you Ken and hope to do so again in the future.
 
Cohen just pleaded guilty to campaign finance violations, bank fraud and tax fraud.  Manafort was actually convicted of bank fraud and tax fraud.  This is just the beginning.  The believers keep saying that Mueller has nothing.  This is just the first hand that he has played.  I'd say he played it quite well.  Of course it is mere coincidence that Cohen is also under criminal investigation.  I know it is not by Mueller's office.
 
These are extremely serious crimes.  I didn't make them up.  I'm going to say all of the hoopla about HRC belonging in jail is made up.  But we can just agree to disagree.
 
There will surely be much more to come.  Mueller is playing his game close to the vest.  An incredibly wise man.  Slow, deliberate and thorough.
Ken Added Aug 24, 2018 - 7:06pm
Cohen just pleaded guilty to campaign finance violations, bank fraud and tax fraud.  Manafort was actually convicted of bank fraud and tax fraud.  This is just the beginning. 
 
Impressive for an investigation that is supposed to be about Russian collusion and interference, huh?  Why are you so giddy about this when the evidence is absolutely clear about how Clinton, Page, Strzok, Clapper, Brennan, Obama, Lynch, et al. colluded with Russia, refused to investigate their interference (they were given the "stand down" order on the investigation from Lynch), illegally attempted to use the FISA process, all to sway an election.
 
You ignore and refuse to see the real crime because they are "your team", but you are huge cheerleader that after a 2 year investigation they found a 10 year old crime on one person, and tax evasion on another that had nothing to do with the guy you despise anyway.
 
You talk about me being a Trump drone simply for posting facts, yet you refuse to accept ANY wrongdoing by the people you support.  That is epic hypocrisy.
 
James Travil Added Aug 24, 2018 - 7:16pm
Good points Ken. I think it's time to fire Mueller now
Ken Added Aug 24, 2018 - 7:34pm
Not before the election, James.  If the right doesn't engage, there is likely to be a blue wave.  we almost saw that in ohio special election where a predominantly republican district was barely won when 87% of democrats came out to vote but only 40% of republicans.  If that happens in the more balanced districts, the house is going to flip and impeachment will occur - even though there is no basis for it.
 
You want a constitutional crisis?  Write articles of impeachment for no criminal activity but strictly for political purposes.  We have turned into not just a post-constitutional country, but a post-modernist one.  The left wishes to destroy capitalism and the western way of life.  Anything they can do to break down the core of this country, they are trying.
Leroy Added Aug 24, 2018 - 9:55pm
Looks like Pecker has gone soft too.  Mueller will use Pecker to probe Trump.
 
More Pecker jokes here.
Ken Added Aug 24, 2018 - 11:39pm
It looks like they have finally found the back door.  By breaking down Cohen, interesting how immediately after the plea, they now have an excuse to go after the Trump corporation.  This is a systematic coup to take down a duly elected president.
Jeffrey Kelly Added Aug 25, 2018 - 12:27am
Yet, somehow, the Trumplings here seem to forget that crimes were committed....
 
More power to Mueller.
James Travil Added Aug 25, 2018 - 12:47am
Crimes that don't warrant impeachment. Fines maybe, but nothing more. And where is the Russian Collusion Mueller was appointed to find? No where, thus he has no purpose. 
Jeffrey Kelly Added Aug 25, 2018 - 1:11am
Investigation is on going, James.  We’ll see what happens.  
Ken Added Aug 25, 2018 - 2:08am
please elaborate jeffrey.  What crimes were committed?  What do you know that NO ONE ELSE has evidence of?
Jeffry Gilbert Added Aug 25, 2018 - 8:45am
Cohen's lawyer is Lanny Davis.
 
Straight back to the Clinton Crime Family. 
 
Just a coincidence I'm sure. 
Leroy Added Aug 25, 2018 - 10:32am
Perhaps Cohen was just the means to get Pecker.  With the Pecker immunity, he has no choice but to tell what he knows.  One false statement or anything that doesn't agree with what Cohen says and it's off to jail.   These tactics are right out of the Chinese playbook.  If anyone has followed the demise of Jiang Zemin, there are parallels.  Xi Jinping never went after Jiang Zemin directly.  He just took down all the people around him, ensuring he would have no power against him.  Most were charged with corruption of some sort.  A major supporter and his wife were charged with murder.  Xi Jinping calls it a crackdown on corruption.  In the West, we call it a purge.  Mueller is taking down everyone who has ever worked with or has been associated with Trump.  Rumors are that Mueller will take down Junior.  Perhaps the hope is that Trump will step down to protect his son. 
 
Welcome to Commie USA!
Jeffrey Kelly Added Aug 25, 2018 - 11:00am
@Ken:
”please elaborate jeffrey.  What crimes were committed?  What do you know that NO ONE ELSE has evidence of?”
 
Oh, good grief, Ken.
 
Other than what Cohen, Manafort and what Trump himself admitted we don’t know.  
This is why Mueller needs to investigate to the end. 


 

Jeff Michka Added Aug 25, 2018 - 4:20pm
Oh, Kenny is soooo very righteous and is always fair and balanced.  This will probably be deleted, because that's what Kenny does to people that don't cave in to his. "I love the constitution" and other associated rightist drivel.  Yeah, Kenny...It was all really Hillary Clinton, of course.  Now, despite you asking Autumn, nobody here has called you a nazi, neo nazi or oherwise,but you are by every word, a mindless Trumpist.  Better go and complain about me.  I'm soooo unfair.
Bill H. Added Aug 25, 2018 - 11:29pm
 
MAGA
My Attorney Got Arrested
Jeffry Gilbert Added Aug 26, 2018 - 5:35am
Good one Bill H. 
John Minehan Added Aug 26, 2018 - 9:33am
Here is the defining characteristic of American Criminal Law: the outcome of cases often turns on plea deals.
 
"It was phrased that way for that specific reason as well, I am sure, to feed red meat for the media to run with, and why Cohen was given this specific deal when there was likely much more he could have been guilty of, but by agreeing to pleading guilty to those 2 false “crimes” (I will explain that in a minute) phrased that way specifically was simply to attempt to move public opinion."
 
Probably not.
 
In the context this matter arose under, as a collateral matter to the Mueller Investigation, undertaken by the US Attorney's Office for the Southern District of New York ("SDNY"), it is very likely Cohen was offered the plea he was because he had information useful in another case, rather than for any "attempt to move public opinion." 
 
 
Bill H. Added Aug 26, 2018 - 11:31am
I suspect that the main outcome of the Mueller investigation will expose the many ties between Trump and his cronies to Russia. If one does some research, it becomes quite obvious that Trump was assembling a team that was well versed in dealing with Russia and having the abilities to funnel both Russian money and influence into our country. It is also obvious that Trump is subservient to Russia, who obviously calls the shots and keeps Trump under control by means yet unknown. Seeing how much Russian money is invested in Trump Tower gives one a good idea of what's happening. It's well known that the Russian mafia has been laundering money here in the US by dealing in real estate. What I believe we will discover is that Trump is virtually owned by the Russian mafia.
Cullen Kehoe Added Aug 26, 2018 - 9:51pm
I know nobody cares but I'll mention it anyway. Most governments take it extremely seriously where you conduct your official government business. (I read some commenters here making excuses for Hillary "So she took some work home, what's the big deal with the private email server".)
 
A cabinet minister in NZ got kicked out of being in cabinet last week for twice having meetings with people outside of her official Parliament diary and emails. She was caught some months ago using a private email account to conduct official business. And warned and caught again trying to have a meeting to hire a Chief Technology Officer for a government department. She's now fired from cabinet and just a regular MP again. And that's for simply arranging meetings outside of her official government-issued email and calendar. It's not a small thing to purposely take government business to private channels. 
 
https://www.newsroom.co.nz/2018/08/24/207249/curran-sacked-from-cabinet-by-pm 
 
 
Flying Junior Added Aug 27, 2018 - 3:00am
Well then...  Dammit!  Lock her up!  Make it $500 Billion in bail only payable in cash, no bond.  Try her in the new SCOTUS and be done with it.  Throw away the key!  Bread and water.  Hard labor.  Solitary confinement.
John Minehan Added Aug 27, 2018 - 7:28am
It is pretty clear (and a conclusion by the Department of State IG, published in the NY Times) that HRC was trying to avoid compliance with the US Freedom of Information Law.
 
However, that is not a crime (as opposed to a violation).  As for the classified information found on her server, private e-mail or government NIPR net, unclassified e-mail is supposed to remain unclassified.
 
But the USG has people who specialize in "bringing down"  classified material so it can be sent over unclassified media.  That those folks let HRC down takes it out of the realm of the criminal. 
 
Now, that these folks were poorly trained reflects badly on the SecState.  However, that judgment is one for the polling place and not the court room . . . and it was rendered in November 2016. 
Ken Added Aug 27, 2018 - 1:40pm
 Other than what Cohen, Manafort and what Trump himself admitted we don’t know.  
This is why Mueller needs to investigate to the end
 
Manafort was found guilty of crimes that occurred a decade before he knew Trump.  cohen pled out on a bunch of crimes unrelated to anything Trump had to do with and 2 "non-crimes" that were clearly a condition for his plea deal that dealt with "improper campaign donations" - to which - as I explained cannot even be considered as being campaign donations.
 
And again I ask the question you avoided "What crime has Trump committed that apparently only you have evidence to?"  No evidence has come forth of any Crime Trump has committed to date
Ken Added Aug 27, 2018 - 1:42pm
This will probably be deleted, because that's what Kenny does to people that don't cave in to his. "I love the constitution" and other associated rightist drivel. 
 
No Jeff, I don't typically delete people who disagree with me as you would be well aware if you read my other posts.  You are about the only one I regularly remove because you cannot be civil in your conversation and often times they are simply personal attacks that add no value to the discussion
Ken Added Aug 27, 2018 - 1:47pm
In the context this matter arose under, as a collateral matter to the Mueller Investigation, undertaken by the US Attorney's Office for the Southern District of New York ("SDNY"), it is very likely Cohen was offered the plea he was because he had information useful in another case, rather than for any "attempt to move public opinion.
 
It wasn't brought by SDNY, it was passed to them by Mueller who then took it up.  At that point in time, Mueller didn't have the authority to prosecute it.  There are a number of ways those 2 prosecution offices are connected at the hip, including Mueller's chief prosecutor coming from the SDNY.  Lanny Davis, if he weren't a Hillary sycophant, should have advised Cohen to NEVER please to thee 2 campaign violations because as I, Mark Levin, and the chairman of the FEC have all explained were not crimes.  The only possible reason these 2 "crimes" were included in the plea deal were to bolster the Mueller investigation and continue to keep public fire and outrage going.
 
Ken Added Aug 27, 2018 - 1:51pm
Bill - I suspect that the main outcome of the Mueller investigation will expose the many ties between Trump
 
 
Your entire post is one big conspiracy theory of left wing talking points with absolutely no proof.  You throw it out and see if it sticks and tell US to "do the investigation".  If this were all so clear it would have come out 2 years ago.  Trump has put more sanctions on Russia than Obama ever did.  To claim he is working with russia is an absolute farce.
Ken Added Aug 27, 2018 - 1:54pm
Cullen - it is only because it is a democrat.  Look at Imran Arwan and all his secret thefts.  Feinstein's personal chinese spy chauffeur.
 
If any of these had been republicans, call for resignation and prosecution would be all over the media. And every talking head and guest on TV
Ward Tipton Added Aug 27, 2018 - 10:58pm
If any single leader of the American Aristocracy or Establishment Elite were ever to be held truly and legally accountable for their actions, all of them would be subject to account for their actions. 
 
A bunch of cronies and underlings may be held to account, especially given the level of hatred for Trump, but to think that criminal prosecution will ever enter the hallowed halls of our "dear leaders" is delusional at best. 
Ken Added Aug 27, 2018 - 11:53pm
Only if they aren't democrats Ward.  We used to be a country of laws, now we are a country of democrats and the rest of us...
The Burghal Hidage Added Aug 29, 2018 - 8:22am
Hey Ken -  good post. There is, at the end of the day, only one thing that needs to be understood about this deal. Lanny Davis is a hack. He has always been a hack and will go to his grave a hack. Its who he is. Any story that has Lanny Davis involved immediately takes on a rich, fecund aroma
John Minehan Added Aug 29, 2018 - 12:50pm


"It wasn't brought by SDNY, it was passed to them by Mueller who then took it up.  At that point in time, Mueller didn't have the authority to prosecute it.  There are a number of ways those 2 prosecution offices are connected at the hip, including Mueller's chief prosecutor coming from the SDNY.  Lanny Davis, if he weren't a Hillary sycophant, should have advised Cohen to NEVER please to thee 2 campaign violations because as I, Mark Levin, and the chairman of the FEC have all explained were not crimes.  The only possible reason these 2 "crimes" were included in the plea deal were to bolster the Mueller investigation and continue to keep public fire and outrage going."
 
As I stated, this case is "collateral" to the Mueller investigation.  
 
If I were to speculate, my assumption would be that Mueller passed this matter to the SDNY because it would make it harder for Trump to shut down the investigation by firing Mueller as well as because the US Attorney's office for the SDNY has a sterling reputation for investigations and prosecutions in the Federal system.
 
You need to understand something about the criminal justice system: it works overwhelmingly on plea (not "please") bargaining.  Very few things in the state system (at any level) or the Federal system get to a court. 
 
I had a professor in law school, Peter Prieser (who used to write the commentaries for the NYS Penal Law and CPL) who said that when he was an ADA working for the well-known New York County DA, Frank Hogan, Hogan used to say, "You don't like the fish market, Peter?  You don't like the fish market, you got to get out of the business." 
 
The system leaves prosecutors with the fear that they may have put a danger out on the street earlier than necessary and it leaves defense lawyers feeling they possibly should have rolled the dice.  Thus, in the end, it usually produces a roughly just result.
 
Mark Levin has never practiced criminal law.  The FEC Chairman is a former FEC Chairman and has some level of partisan bias. We (and they) do not know what the negotiations between Mueller's lawyers and the SDNY were like.  It might not be a time to comment.
 
I will say Mueller's report will be interesting to see . . . . 


 
Ken Added Aug 31, 2018 - 11:56am
TBH - yea he is a hack, as I noted, and we have found out even in the past couple of days as he backtracked and stated that he didn't know for sure whether or not Trump knew before Cohen made the payments.
 
John - wonderful typo policing!  I am sure that ruined the entire point of what I posted, considering I clearly knew it was a "plea deal" simply as my title stated and as I called it a plea deal several times.
 
I also no quite well how the federal system work and actually the entire legal system where about 99% of all cases are plead out.
 
If you graduated law school, please explain why a prosecutor is putting together "a report".  That is not his job.  His job is to either determine whether a crime has been committed or not, then bring charges or not.  Not "write a report".  He cannot charge a sitting president, so there is no purpose for what he is doing.  If congress is concerned about this, then they should create a commission to follow the evidence.  They would have subpoena power as well and could do it.  He clearly has found no evidence of collusion and this entire affair is so fraught with conflicts of interest from Rosenstein to Mueller on down it is just a joke.
 
Whatever the report says will be irrelevant anyway.  If the republicans remain in control in November, this goes away, if the dems take control, the report could say "Donald Trump is a saint who has never committed a crime in his life" and he will still face articles of impeachment.  The democrats cannot stand losing the 3rid term of obama that would have completely buried the largest abuse of power scandal in american history and so all of this is to distract and disrupt a duly elected president making it so he cannot govern. 
John Minehan Added Aug 31, 2018 - 11:31pm
"If you graduated law school, please explain why a prosecutor is putting together "a report".  That is not his job.  His job is to either determine whether a crime has been committed or not, then bring charges or not.  Not "write a report".  He cannot charge a sitting president, so there is no purpose for what he is doing.  If congress is concerned about this, then they should create a commission to follow the evidence.  They would have subpoena power as well and could do it.  He clearly has found no evidence of collusion and this entire affair is so fraught with conflicts of interest from Rosenstein to Mueller on down it is just a joke."
 
It depends, of course, on what kind of prosecutor you are talking about.
 
Mueller, under the statute he was appointed under, is required to render a confidential report to the Attorney General.  A Federal Prosecutor working with a Special Grand Jury investigating Organized Crime or Political corruption will render a report and the same also applied to Grand Juries so empaneled in NYS. 

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