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Rick Hasen @rickhasen
, 10 tweets, 3 min read Read on Twitter
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
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
As I explained most recently in this @Slate piece, the question turns on motive, and it appears that prosecutors recently found good evidence of Cohen's motive which could subject him to criminal liability /3 slate.com/news-and-polit…
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
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
It's even possible (though not likely) Trump would be named as unindicted co-conspirator with Cohen on the campaign finance charges.
A Campaign finance violation of this small sale alone won't bring down a president. But it would be something. /6
And now the @nytimes is reporting the plea is related to payments to women for Trump (though not clear if it is campaign finance or other charges) /7
nytimes.com/2018/08/21/nyr…
The timing here is quick, given that the special master just got through the vetting of Cohen's documents. Prosecutors could be rushing to get this out before the election season starts (when they'd be expected to hold off till November) /8
I’ll be on the road heading to an @acslaw event in San Diego when the Cohen info comes out. Depending on what Cohen pleads to, this could be one of the biggest moments in Trump presidency
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